JB/122/050/002

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19 March 1807 3
Complication & Delay Table Notes

Table IV

Table

False, Causes of Delay,
as aff stated by
Blackstone as True<lb/.Causes of "Unavoidable
"Delay Vol. III. p.423.

"
1. Liberty (a) — (See Cole
No )
2. Property — (a)
3. Civility — (b)
4. Commerce — (c)
5. Extent of popular
territory —" (a)

Explanation

Of these 1. Liberty 2 Property
and 3 Civility are two here vague
to admitt of any void of all appropriate and
meaning determinate meaning
application — they have
unapplicable have no meaning to any
no unapplicable to any
other purpose than that
of for which they seem altogether
they were designed <add>unapplicable. as if
to either Liberty, Property or Civility, Delay (which so long as
to Commerce and 5. Extent
of populous territory
are almost equally vague de void
in meaning: what meaning of meaning : if they
they have convey any, it is only
in so far as they it<?add> may
happen to them to suggest,
<add>in a vague way the idea of expatriation
and exprovinciation
of parties on the part of suitors and
witnesses, re causes of<lb?>non-forthcomingness
produced by not by
commerce in general, but by commerce resort
with distant to foreign
states and dependencies
at a distance. [+]

In France, the only Courts
which gave dispatch were
the Consular Courts, appropriated<lb>to commercial
causes; and the Judges
Commercial men, and not
Lawyers, Sir Urderinnan

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True Causes of Avoidable
Delay, briefly indicated
For explanations see
pp. —

1
All delay is to the extent
of it an evil

2
All delay beyond what is
prudentially necessary is
an abuse

3
Whatsoever delay beyond
the ordinary quantity is
by any one proposed to
be introduced established,
or being established undefended,
it b is incumbent
on him who "proposes or
defends it to shew the
existence of a circumstance
operating in justification
of it: to those that
it is reconcilable &</ad> subservient to the ends
of justice>

4
No p quantity of
delay fixed by any general
<gap?> lasts, and is not understandable,
is denial of justice)
were not only conducive but
necessary.
risk can be reconcilable
to the ends of justice.

5
If too short misdecision
or danger of do is the consequence.

6
If too long, the several
mischiefs of delay, as per
[+] Fulkes Expatriation may have
place without commerce,
as in the case of Irish
drawn to such military
employment in the
military line in foreign
countries: and commerce
<without expatriation, as
in the case of the quondam Austrian
Netherlands and the Chinese.

7
Under the fee-gathering System
it has always been an
object with lawyers to establish
as much delay as the people
and the sovereign could be made
to bear

8
Uses to lawyers
1. To encourage male fide suits
defence and therein injuries
2. To bread incident with their profit

8 Uses to Lawyers
3. To afford them ease.

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1 1
Nothing done without
delay

2 2
Delay ordinary or extraordinary

<p.5 5 (a) 1
Extraordinary unavoidable
or avoidable.

4 3 a
Ordinary a small portion
of a day — proved by
experience.

5 4
Extraordinary, all above
that

6 6 1
Delay, even ordinary
being mater of regret.
Much more what is avoidable.

<p.7 <add>6 2
Hence the necessity of
inquiry into the causes
of the avoidable.

8 6 3
Practical uses
1. To submitt with resignation
to the unavoidable
2 — To such relief from
the avoidable

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9 (i) 3 b
Extra-delay. Supposes
an ordinary quantity
(including vexatn & expence)

10 I 3 c
Thus a fraction of a day
Hulton. Hutchinsons
5 minutes —
more than 5 minutes
of which only a portion
of a day occupied.

11 (e) (f) 5 2
Necessary physical & prudential &
practicability do
impracticable = impossible

12 (c) (f) 5 3
Prudentially impracticable
— not without preponderant
inconvenience.
viz. in respect of &c

13 (e) (f) 5 4
Unavoidable — either
physically or prudentially

To the last
14 (e) (f)
dispatch the negative of
unnecessary delay.

15 5 5,lb/>In case of prudential
impracticability &c propriety
of delay exposed
to dispatch: preponderance
as above, the medium of
solution.

16 5 6
But for these distinctions
and explanations any quantity
of factitious delay
may a sort of verbal justification.

Identifier: | JB/122/050/002"JB/" can not be assigned to a declared number type with value 122.
Date_1	1807-07-14	Marginal Summary Numbering
Box	122	Main Headings	Panopticon
Folio number	050	Info in main headings field
Image	002	Titles
Category	Correspondence	Number of Pages	1
Recto/Verso	Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D1
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Notes public	Letter 1930, vol. 7	ID Number	002
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