date

4 July 1804 Procedure or evidence
4 July 1804

Procedure or evidence

Evils

Ch.1 2d Order

'.i. Prejudice to plff. Independent

1 Independent evils of the first class - Injustice to the prejudice of the plaintiffs /demandant's/ side -----ion of justice in its several branches non-fulfilment of the main end of judicial procedure in its /these/ several branches, viz: non-application of punishment when due - non-collation of rights when due - non-administration /rendition[?]/ of satisfaction where due. Immediate cause or causes of the 1st order. Cause 1. - Wrongful decision to the prejudice of the plaintiff's side that the effects in question have for their cause the operation there denominated, is a proposition /truth/ assented to as soon as announced, or rather before it is announced. Instead of doubling its efficiency the natural movement of the mind on this occasion is rather to ask - to what other cause - meaning immediate cause - can the effect ever be ----able? The answer to this question will be brought to view /appear/ immediately.

I. Natural causes

1. Wrongful decision to the prejudice of the plaintiff's /demandant's/ side: viz: where the causes of the /such/ wrongfulness are themselves natural. See infra causes of the 3d order - Causes of wrongful decision.

2. Non-justiciability of the deft. viz: with reference to the nature of the demand - of the service demanded or that would have been demanded at the hands of the judge: - of the defendant - or of him who were it not for the known or supposed impracticability of extracting from him the service in demand (for example the ---ial of the debr. dare) or an equivalent, would have been made defendant. (a)

(a) Note (a) in a separate page
Similar Items
  • Title: [5 July 1804 Procedure & Evidence]
    Description: 5 July 1804

    Procedure & Evidence

    Evils

    2d order

    '.1. Injury to defd.

    II. Independent Evils of the 2d Class - Injustice to the prejudice of the Defendant's side.

    Branches -

    1. Application of punishment where undue

    2. Collation of rights (thence imposition of obligations) where undue

    3. ---ddition of satisfaction (thence again imposition of correspondent obligation) where undue

    Immediate causes or cause /cause or causes/ of the 1st order

    1. Wrongful decision alone

    N.B. Of From non-decision, as well as from wrongful decision, evils /evil consequences/ accruing to the defendant's side as well as to the defendant's /plaintiff's/ . But these evils /consequences/ are not the ultimate evils - the evils produced by the decision of the cause but only the individual ones /evils/ of vexation and expence.
  • Title: [5 July 1804 Procedure & Evidence]
    Description: 5 July 1804

    Procedure & Evidence

    Evils causes

    3d order

    '.2 Wrongful decision to Def.

    II. Wrongful Decision to the prejudice of the Defendant Immediate causes of this evil.

    I. Natural causes the same as in case of Wrongful Decision to the prejudice of the plff's side.

    II. So likewise, the negative among the factitious causes among the factitious causes, those of the negative stamp.

    III. So likewise those of the positive stamp; with the exception of no. 3 and 4. Laws authorizing pardon without reason assigned, whether so ------, or ----- by the power of fabricating causes of nullity. But in this case /---/ the exception extends not to non-penal cases: ---- in these the defendant as well as the demandant is liable to be prejudiced by such fabricated causes of nullity, although in these cases the the injustice is more apt to fall on the demandant's side than on the defendant's.
  • Title: [4 July 1804 Procedure & Evidence]
    Description: 4 July 1804

    Procedure & Evidence

    Evils

    2d order

    '.1. Injury to plff

    2 Immediate causes the 2d - non-decision

    2. Second cause /cause the second/ of the above effects - non-decision

    of non-decision suppose it to last for ever, the effect with regard to the production of the evil /evils/ opposite to the main end of procedure in /----/ its several branches is exactly the same as wrongful decision to the prejudice of the plff's side would be: for /since/, on this supposition, in the cause in question, if a penal one the time would never arrive when the punishment due would be applied; - in a non-penal one, the time would never arrive, when the right due would be conferred; in a cause of a mixt nature the time would never arrive when the satisfaction due would be administered /rendered/ any more than when the ulterior punishment due would be applied.

    On the other supposition, --- that this species of negative misconduct on the part of the judge is but temporary, it is the same thing with /the evil in other words/ delay in the species of cases negatively in question. But delay in rendering to the plaintiff that justice which is due, is injustice while it lasts. For the causes of delay, see article delay.