date

9 July 1804 Procedure & Evidence
9 July 1804

Procedure & Evidence

Evils

3d order

'.2 non-justiciability

III. Factitious causes positive - examples.

Examples -

1. Laws establishing local Asylums: ordaining that in a demand of such or such a nature, or whatever by the nature of the demand, a man shall not be arrested or shall not be so much as summoned in such and such a place: for example in his own house, in a churchyard, or within the verge of the palace.

2. Laws establishing chronological Asylums: ordaining as above that a man shall not be arrested or summoned on such or such a particular day or days of the year for example on a sunday, or on such or such a festival.
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  • Title: [18 March 1808 Letter V §.6]
    Description: 18 March 1808

    Letter V

    §.6. Reasons

    Ends of Justice

    5. Non-Justiciability Causes

    Factitious causes Positive

    5. Laws or usages establishing asylums (local asylums) as places of refuge within which the operations necessary to the securing of forthcomingness on the part of persons or things for the purpose of justiciability.

    6. Laws or usages establishing asylums, of a chronological nature: that is appointing days in the week, or hours in the day of twenty four hours, during which operations necessary to the securing of forthcomingness on the part of persons or things for the purpose of justiciability are not suffered to be performed.

    7. Laws or usages granting to proprietors of property in this or that shape the privilege of not being subjectable to the obligations of justice: as for instance holders of land or certain interests in land, holders of government annuities &c &c.

    Take the case of landholders. A law to this effect is a license to all men, on condition of being or becoming landholders, to become swindlers: securing to every wrongdoer, on terms thus easy, the profit of his own wrong.

    A law to this effect has so obviously and incontestably for its result, that it can not but have had among its object the infusing a corruption of the worst kind seen among the morals of the people: and as the power of the country is chiefly in the hands of landholders, pouring in the corruption at the fountain head.

    This iniquity, this[?] which a more flagrant one it passes the wit of men to conceive, has come in latter days, at so advanced a state of society, several ages after whatsoever reasons it ever had for its support have vanished, found lawyers profligate and audacious enough to stand forth in the character of its protectors, rendering themselves accomplices of all such dishonest persons as by the encouragement thus held out shall be prevailed upon to become cheats: non-lawyers to the amount of a deplorable majority, weak enough to be seduced by such authority (for every thing of reason is out of the question, or pretend[?] [...?] to pretend to be convinced by it.
  • Title: [9 July 1804 Procedure & Evidence]
    Description: 9 July 1804

    Procedure & Evidence

    Evils

    3d order

    '.2 non-justiciability

    II. Factitious causes negative.

    1. Want of an all-comprehensive system of securities for justiciability (arrangements taken by the law for securing justiciability in point of fact) embracing all the varieties which a man's situation in this respect can admitt of.

    Example.

    1. Want of legal means for the arresting in the hands of the debtors debts due to a fugitive defendant.

    2. Want of a general concert and correspondence for this purpose between the several local jurisdictions /districts/ subject to /under the ------- subjection of/ the same sovereign /state/.

    3. Want of a like concert and correspondence between state and state.
  • Title: [9 July 1804 Procedure & Evidence]
    Description: 9 July 1804

    Procedure & Evidence

    Evils causes

    3d order

    '.3 Non-justiciability

    2. Non-justiciability, (as above explained), on the part of the defendant.

    I. Natural causes

    1. The defendant unknown - in respect of his person.

    2. The defendant unknown - in respect of his name.

    3. The demand for justiciability attaches upon his person, (as whose corporal punishment is the punishment due) and his person is not forthcoming.

    4. The demand for justiciability attaches upon his property - and in quantity and quality sufficient to answer it, is not forthcoming.

    5. The demand for justiciability attaches /attaching/ upon his property, and in this without accessible and adequate property in existence.

    6. - or without accessible and adequate property situate within the reach of the Court.

    7. The times, at which the causes nos. 3, 4, 5, and 6 are considered as operating, being a length of time terminating in that of the act, whatever it be, by which the suit is considered as commenced in so far as they respectively take place at any subsequent point of time, they may respectively be considered as having delay for their cause: viz: in the present instance so much of it as is referable to natural causes. See title Delay.

    N.B. In cases nos. 3, 4, 5, 6, it must be understood, that not only special justiciability with reference to the particular demand in question is wanting; but general justiciability in all its forms is either wanting altogether, or not present in a degree adequate to the purpose.