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<p><!-- pencil -->12 July 1804<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Procedure &amp; Evidence</head></p>
 
<p>2.  Delay</p>
 
<p>&sect;.  Results rendered necessary by the above natural causes of<lb/>
 
complication – 1. extension of unemployed time:  2. extension of the time<lb/>
employed in this or that one of the requisite operations of procedure. – Not any<lb/>
different under of procedure</p>
<p><hi rend="underline">Delay</hi> is <hi rend="underline">then</hi> consumed or suffered to run on, upon any<lb/>
occasion, in a quantity greater than where is <add>being on that occasion</add> considered as necessary<lb/>
or desirable.</p>
<p>Space is the place of body <add>matter – and therefore delay,</add> time, of action <add>motion</add>.</p>
<p>The delay <add>natural or factitious</add> produced in a cause <add>suit</add> – by the above <del>of</del> <add>or any other</add> cause, complication,<lb/>
will be <del>partly</del> consist partly of <hi rend="underline">void</hi> space, unfilled<lb/>
by any operating tending or professing to tend towards the ends of <del><gap/></del><lb/>
the proper ends of procedure, partly of time employed and expended<lb/>
in those several <add>respective</add> operations.</p>
<p>In the course of a cause, or, <add>(what is as bad)</add> previously to the commencement of<lb/>
<del>Of unemployed time or delay, <gap/> to quantity altogether</del> <add>a cause, <del>any</del> a quantity of time altogether <del>unlim</del> without limit may</add><lb/>
<del>and the aggregate <gap/> <gap/> local</del> happens to be consumed, on the<lb/>
<del>indefinite is producible by distance in respect of place.  The<lb/>
quantity of time employed, is expended in giving place to the several</del> <add>ground scope of local distance.  In so far as <del>it</del> this quantity of time is occupied by journies</add><lb/>
<del>respective operations.</del> <add>and <del>the</del> in no part as of the quantity of time thus occupied no part is unnecessary</add><lb/>
no part of the delay thus occasioned can be said to be unnecessary,<lb/>
how much <add>and how justly</add> soever the whole of it may be matter of regret.<lb/>
Yet legislators have not been wanting who have professed not only to be able<lb/>
to confuse, but to have actually confined the <del>profit</del> duration of a suit at law, within certain definite limits<lb/>
such as a year, or even a<lb/>
small portion of a year:  and<lb/>
this without the least given<lb/>
of any exceptions, on the ground<lb/>
of distance, or any other ground.</p>
<p><del>The Operations may be thus distinguished and arranged</del> <add>Operations incident to a suit at law, or rather to occurrences and</add><lb/>
states of things productive of a just demand for a suit at law, may be thus<lb/>
distinguished and arranged.</p>
<p>2.  <del>The</del> Operations having respect to the question of <hi rend="underline">law</hi>:  viz. of substantive<lb/>
law bearing upon the case.  <add>&#9758; Explain</add></p>
<p><add><del>2.</del></add> II.  <del>The</del> Operations having respect to the <del>word fa</del> question of <hi rend="underline">fact</hi><lb/>
operations employed upon the evidence <del>when</del> the course of it being<lb/>
<del>per</del> forthcoming and in the presence of the Judge.</p>
<p>III.  Preparatory or preliminary operations, having for their object the<lb/>
securing, or evading, <del>of</del> the forthcomingness of persons or things, if<lb/>
persons in the character of <add>parties or</add> witnesses or parties;  if things, in the character<lb/>
of sources of evidence, or <del>ob</del> articles composing the matter of satisfaction<lb/>
or punishment.</p>
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Latest revision as of 12:06, 31 October 2023

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12 July 1804
Procedure & Evidence

2. Delay

§. Results rendered necessary by the above natural causes of
complication – 1. extension of unemployed time: 2. extension of the time
employed in this or that one of the requisite operations of procedure. – Not any
different under of procedure

Delay is then consumed or suffered to run on, upon any
occasion, in a quantity greater than where is being on that occasion considered as necessary
or desirable.

Space is the place of body matter – and therefore delay, time, of action motion.

The delay natural or factitious produced in a cause suit – by the above of or any other cause, complication,
will be partly consist partly of void space, unfilled
by any operating tending or professing to tend towards the ends of
the proper ends of procedure, partly of time employed and expended
in those several respective operations.

In the course of a cause, or, (what is as bad) previously to the commencement of
Of unemployed time or delay, to quantity altogether a cause, any a quantity of time altogether unlim without limit may
and the aggregate local happens to be consumed, on the
indefinite is producible by distance in respect of place. The
quantity of time employed, is expended in giving place to the several
ground scope of local distance. In so far as it this quantity of time is occupied by journies
respective operations. and the in no part as of the quantity of time thus occupied no part is unnecessary
no part of the delay thus occasioned can be said to be unnecessary,
how much and how justly soever the whole of it may be matter of regret.
Yet legislators have not been wanting who have professed not only to be able
to confuse, but to have actually confined the profit duration of a suit at law, within certain definite limits
such as a year, or even a
small portion of a year: and
this without the least given
of any exceptions, on the ground
of distance, or any other ground.

The Operations may be thus distinguished and arranged Operations incident to a suit at law, or rather to occurrences and
states of things productive of a just demand for a suit at law, may be thus
distinguished and arranged.

2. The Operations having respect to the question of law: viz. of substantive
law bearing upon the case. ☞ Explain

2. II. The Operations having respect to the word fa question of fact
operations employed upon the evidence when the course of it being
per forthcoming and in the presence of the Judge.

III. Preparatory or preliminary operations, having for their object the
securing, or evading, of the forthcomingness of persons or things, if
persons in the character of parties or witnesses or parties; if things, in the character
of sources of evidence, or ob articles composing the matter of satisfaction
or punishment.


Identifier: | JB/058/094/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1804-07-12

Marginal Summary Numbering

4-5

Box

058

Main Headings

evidence

Folio number

094

Info in main headings field

procedure & evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1 / e2

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18763

Box Contents

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