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12 July 1815 +
Introd. Introd.
Ch. collect Incident & Delay
(1 §.2. Mischiefs
2*
Table of the Mischiefs
from delay in causes
penal, non penal and
mixt, on both sides the
causes
TABLE of Mischiefs from Delay.
ing the Mischiefs or say Inconveniences or Injustices] certain
d contingent, produced and producible by delay, in causes
of all kinds, purely penal, purely non-penal, and mixt, are to
the prejudice of each side of each (viz: the Plaintiff and the Defendants) of each
I respective causes Mischiefs produced by delay.
1. to the prejudice of the Plaintiff
side; to the advantage of the Defendant's;
the delay therefore if granted
by allowance from the Judge (a) will
to the prejudice of the Plaintiff will
naturally have been granted at the
instance of the Defendant.
II Mischiefs produced by Delay to the prejudice
of the defendant's side; to the
Advantage of the Plaintiff; the Delay
therefore; if granted by allowance from<lb?>the Judge (a) and to the prejudice of the Defendant will naturally have been
granted at the instances of the Plaintiff
Note
(a) of the considerations particular mischiefs
brought to view given in this Tables
as of the Mischiefs resulting from delay,
a pPrincipal consequence
is that no delay at
al ought in any case
to be fixed by the legislator
now granted, but one
special reason, granted
on the individual circumstances
of the individual
suit, circumstances not
coming within the cognizance
of the legislator, but only
of the Judge.
I. Certain Mischief.
1. In </p.
1. In causes ( 1. Purely penal — where if the Defendant
be guilty, of Impunity during the
continuance of the Delay.
2. Purely non penal. where Presentation
the of the right during
is confounded,
of the right
loss <del. or of the consequence of the right
<del. during the delay.
3. Mixt Impunity and loss of
receipt satisfaction of rights
vexation right
loss of employment of the right
of satisfaction, during the
delay, as above (a).
(a) Thence in
purely non-penal,
and mixt
causes, in which
money is due
ultimate loss of
interest for the
whole time upon
the principal due,
unless interest be given by the Judge
II Contingent Mischiefs — in
the sort of causes.
1. Deposition of evidence,
Impunity, protection of rights, or
bot together as above. To the causes
of such disposition.
2. Deposition of the matter of satisfaction
in the hands of the plaintiff Defendant
of a private person thence
loss of satisfaction,or injury at his hands</add.
done by the prosecution in the
event of the proving unjust this <add>the claim proving well-founded
N.B. This applies only to causes purely
non-penal and mixt: not to
purely penal.
3. Vexation from fresh incidents, liable
to spring up in the course
of the delay, and the steps that
may require to be taken in consequence.
4. Expence
in the course of procedure
4. Expence from fresh incidents
as above.
5. Delay — ulterior delay, the
demand for which may <add>come to be produced
by the incidents that
have sprung up in the course
of the present delay.
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1. Certain Mischief
1. In causes ( 1. Purely penal, vexation from
(the apprehension of the punishment:
( against which is to be set
( if the defendant be guilty, the
( respite by benefit of the respite i.e. the postponement of the
( actual punishment.
2. Purely non-penal, vexation
from the apprehension of the burthensome obligation
produced imposed by the collation
of the right : against Foreign>per contra</foreign>sol suspension of the
obligation, during the same.
3. Mixt — vexation from the
two abovementioned sources together:
per contra respectively
suspension of the punishment
and non-penal but burthensome obligation, as
above>
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