date

29 April 1805 Evidence Introd
29 April 1805

Evidence

Introd

Ch. 10 Collateral

' Vexation from ultimate decision

But suppose (what in here and there an instance must happen, spite of all that the legislator can do to prevent it) - suppose that, at the end of the cause, and in consequence of the demand that gave birth /commencement/ to it, the burthen sought by it to be imposed, falls on a person in respect of /relation to/ whom it is not due: falls upon the defendant, whereas either there exists no person at all in respect of whom it is due, or if there be any such person or persons, the defendant is not of the number. In this case, the good aimed at by the article of substantive law not being accomplished, the vexation in /the production of/ which the suit terminates, is not preponderant: but either the whole or at least a portion /one/ of it is so small[?] evil, clear and [...?] /the vexation thus produced by the ultimate decision, when given in favour of the demand /demandant/: and consequently against the defendant/.

To avert this evil will of course be among the objects to which the legislator will direct his aim. It is however not the principal aim: for, if /to accomplish/ such aim, if it be not to suffer any such demand ever to be exhibited: which is as much as to say, either to have no substantive laws at all, or what comes to the same thing, not in any instance to suffer the predictions delivered by them to be fulfilled - in a word not to suffer the laws ever to be executed.

Ultimate collateral end of the System of procedure - avoiding to impose on /throw upon/ a person, in whose instance it would be undue[?], the burthen the imposition of which is sought /prayed/ for by the demand.

Vexation produced by ultimate misdecision to the prejudiced of the defendant's side of the cause: imposition of an /ultimate/ obligation, where undue.

Ultimate collateral end of the system of procedure - avoiding /preventing/ to impose obligations where undue - non-imposition of undue obligations when undue

+  Decision - ultimate incidental before this
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    Besides the lots of vexation which, in greater or less number, and each with more or less weight, fall /have been seen falling/ upon every person /individual/ whom the institution /exhibition/ of a legal demand places in the condition of a defendant, there is one /one remains to be spoken of/ which consists /is constituted/ of the burthen which it is the ultimate and direct object of the demand to throw upon him the burthen of bearing the punishment sought by it to be imposed upon, administering the satisfaction or seeing it be[?] administered at his expence - or in a purely non-penal case, conferring or seeing conferred at his own expence the particular right which is the object /constitutes the subject and object/ of the demand.

    In each case, suppose the burthen the obligation due - suppose it of the number of those by the imposition of which the arrangements and predictions of /delivered by/ substantive law in that behalf will be made to take effect, thus vexation at the end of the [...?] account is not to be placed to the account of great[?] evil or inconvenience: for, if /suppose/ it to be not outweighed by some good produced by that the same operation, the fault lies in the substantive law by which the burthen was imposed, not in the adjustive branch of the law, the perfection of which consists in giving effect and fulfilment to the utmost to the predictions /arrangements predictions and engagements/ contained in the substantive branch wherever they may be: provided always that the mass of incidental inconvenience produced by the adjuctive law - by the course of procedure be not so great as to preponderate over the good produced /attached/ to the fulfilment of the substantive.