date

4 July 1804 Procedure & Evidence
4 July 1804

Procedure & Evidence

Evils causes

3d order

'.1. 4. Non-decision

III. Non-decision

Immediate causes of this evil /----/

I. Natural causes

1 to 5 The same as in the case of Wrongful Decision to the prejudice of the Demandant.

6. Non-demand:- no suit instituted by the party to whose prejudice the offence against the substantive branch of the law has been committed; or on whom the -----trable or -----rate right would, on demand in a legal way be converted into a consummate right. For the causes of non-demand see title non-demand.

9. Desistment: - the demandant ceasing to prosecute /persevere in/ the demand.

II. Factitious causes negative

1 and 2. The same as in case of Wrongful Decision.

III. Factitious causes positive none observed - or see title non-notoriety and uncertainty.

For the causes of expence and vexation and expence, see Evils of the 4th Order.
Similar Items
  • Title: [7 July 1804 Procedure & Evidence]
    Description: 7 July 1804

    Procedure & Evidence

    Evils causes

    Ch. 4th Order

    ' 6. Desistment

    7. Desistment

    I. Natural causes.

    1. Supervention of any of the above mentioned natural causes of non-demand at a point of time posterior to the commencement /exhibition/ of the demand. Example. In a case of a mixt nature, in which by a suit of a mixt nature, satisfaction and /----/ punishment are included in the same demand, an offer of satisfaction alone is made and accepted - the demandant ceases to act in that character, and the consequence is - non-application of punishment where due.

    II. Factitious causes negative examples

    In cases of a mixt nature, as above omission (on the part of the substantive branch of the law) to create /----/ /attribute/ any right to satisfaction to the party injured.

    Note

    In this case in default of a natural interest in prosecuting for satisfaction alone the hope of securing satisfaction by a compromise as above, may operate in the character of a factitious interest, so as /in such a manner/ as to engage a man to prosecute i.e. by a demand for punishment to be inflicted on the defendant: whereupon if after the demand commenced /instituted/, he secures such satisfaction as he is content to take, desistment from the demand takes place of course.
  • 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

    Note Evils causes

    3d order

    '.3 Non-decision

    Note (a)

    (a) A few instances /A rare and heteroclite sort of case/ will be mentioned /brought to view/ in its place /further on/ /in proper ----/, in which a cause may be, and is sometimes /is,/ carried on without a complainant /demandant/ the same person ---ling /adding/ the function of the plaintiff to the office of the judge /that of the judge/.

    Setting aside this /that/ heteroclite sort of case, so long as there is no demandant, and thence no demand, there can not be any decision. no decision either on that side or the ---- can take place /be pronounced/ never ---- takes place. With regard to the ------ of the parties in respect of the result of the suit, it is exactly the same, setting aside the incidental evils of vexation and expence, as it would be if the complaint having been instituted, a wrongful decision /adverse/ to the prejudice of the plffs side had been pronounced.

    But to an individual whose station is on the plaintiff's side /of the demandant/ - to an individual who stands in need of a service to be rendered to him by the judge, the effect of non-decision, which so long as it lasts, is exactly to same as that of wrongful decision - a decision importing a wrongful refusal to render him that service.