date

7 July 1804 Procedure & Evidence
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.
Similar Items
  • Title: [7 July 1804 Procedure & Evidence]
    Description: 7 July 1804

    Procedure & Evidence

    Evils causes

    5. Non-demand

    II. Factitious causes negative.

    1. Want of the arrangements necessary for supplying the natural want of interest. Viz: original interest: a natural interest by an adequate factitious one

    N.B. In cases purely penal (offences against the person alone) no individual has any natural interest to prosecute: unless it be the casual one of private enmity, public spirit &c as above.

    In mixt cases the natural interest applies no further than the demand for satisfaction: for in respect of the demand of punishment there is no rational interest, except casual ones as above.

    2. Want of arrangements necessary for overpowering /surmounting/ the natural counter-interests created by the considerations of vexation and expence attached to the function of demandant /a prosecutor/

    3. Want of the arrangements necessary for supplying the natural want of knowledge in relation to the law: viz: by homologation, digestion, and promulgation, as above.

    4. Want of the arrangements necessary for affording a uniformly adequate supply to the natural want of power to the ----- resulting form the inability to defray the natural expence.

    5. Want of an all-comprehensive and effectual /efficient/ system of arrangements for securing, in every /each/ instance as far as natural obstacles permitt, the forthcomingness of evidence in every instance.

    6. Want of an all-comprehensive and efficient system of arrangements for securing, in each instance according to the nature of the demand i.e. the service demanded, the relative justiciability of the defendant, according to the nature of the demand i.e. the service demanded.
  • Title: [4 July 1804 Procedure & Evidence]
    Description: 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.
  • Title: [6 July 1804 Procedure & Evidence]
    Description: 6 July 1804

    Procedure & Evidence

    Evils causes

    4th Order

    5. Non-demand

    5. Non-demand

    I. Natural causes

    1. [In causes purely penal] || want of will on the part of every man who should appear in the character of a demandant (or him called /stiled/ prosecutor/), ---- for want of adequate interest

    + and in the first place, original natural interest. (a)

    || --- chp IV. Introd. & Dum.

    + See untrustworthiness causes

    (a) In all cases purely penal, there is no injury to one individual man than to another, nor consequently any advantage under the name of satisfaction to be obtained by -- acting in the character of a prosecutor.

    2. In cases non-penal, in which rights are demanded (a consummate right on the ground of the correspondent inveterate right already justified in --- of a correspondent ----- of substantive law). The value of the right constitutes the interest - the motive - by which a man is engaged /urged/ to appear in the character of a demandant

    3. In causes of a compound /mixt/ nature, which an injury having been sustained by an individual, satisfaction viz: for such injury, is demanded as well as punishment - the value of the service by the rendering of which the satisfaction is administered (for example the value of the sum of money given by way /in the name/ of satisfaction) constitutes the interest.

    2. In causes of this mixt nature, if satisfaction be rendered without legal demand, there remains the suit /--/ by which the ---- of instituted punishment alone would be inflicted: but --- in such circumstances the institution of such a suit would be an act without a motive - an effect without a cause, purely penal a suit[?] If in such circumstances a suit demanding /calling for/ punishment without satisfaction under the name of satisfaction, be ever instituted, it is because no pecuniary or other satisfaction being provided the vindictive satisfaction produced by the consciousness of giving birth to the application of punishment, is sufficient without any other.