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17 June 1804
Procedure B
4 (1)
Ends
Ch.1
'.2. General Ends
'.2. General ends of procedure
Our business in the present work is with the system of judicial procedure - with the rules, (call them rules, laws, provisions, regulations) of which it is capable of being composed: with the one main and general end with the several specific or subordinate ends that in the framing it ought to be kept in view: and to the attainment of which these rules and each distinguishable part of them ought to be directed with the plan of contrivances by which they may be rendered so many means with relation to those respective ends.
To form a clear conception of those several objects, it is /will be/ necessary to call to mind a leading distinction already brought to view: the distintion between the substantive and the adjective branch of the body of the laws. To the substantive which is the main branch belongs every law that does not blong to the adjective: every law shich serves /is capable of serving/ as a rule of conduct to the subject, considered on any other occasion than that of his being engaged in a course of litigation before a Court of Justice. To the adjective branch every law, or particle of law, the sole use and object of which is to give effect to the several laws which appertain to the main or substantive branch, as above delineated.
Note (a)
(a) In Grammar a noun substantive presents a compleat signification of itself, and therefore without the addition of a noun adjective: a noun adjective presents no compleat signification of itself, presents a sense[?] which is but as it were begun, untill compeated by the addition of a import annexed to some noun substantive.
/every law therefore which to the conception of any reader would be apt without [...?] [...?] intimation to the contrary, to be presented by the word law.
(2a) Distinction between satifaction and adjective taken from grammar.
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Title: [17 June 1804 Procedure 5 (20]Description: 17 June 1804 Procedure 5 (20 Ends Ch.1. '.2. General Ends By a law or [...?] of procedure meaning judicial procedure I understand the same thing as by an adjective law or [...?]. In each country I understand by the system of procedure the aggregate of the laws of procedure - actually established of the adjective laws by which the mode /course/ of judicial procedure in that country is regulated. (b) In every country the established system of procedure professes to have, and as far as it is properly planned and constructed actually has for its end in view, the giving the intended effect to the several laws of which the substantive branch of the law in that country is composed. Main general end of adjective procedure expressed in brief - giving effect to substantive law. This in every country is and ought to be the main end of /pursued in and by/ the system of procedure: but in no country either is it or ought it to be the only end. Government, how necessary soever, is in every branch of it is an evil. In judicature the branch in question here as truly and inconsestably as in any other /of the rest/: the best system of government the best system of judicature is but a choice, in what degree soever it be a good and happy choice - of evils. In the course of the steps necessary for the giving effect to the several laws belonging to the substantive branch of the law, a quantity of evil in great and deplorable abundance can not but be produced - The compleat prevention of it being impossible, the best that can be done is the reduction of it to its minimum, its least quantity possible. Note (b) (b) Each particle of adjective law takes the place of a substantive law, in so far as the remaining part /other parts/ of the system of adjective law are employed in giving effect to it. In virtue of those parts of the system of procedure by which their respective duties are pointed[?] out subordinate /[...?]/ ministers of justice such as Sheriffs and Bailiffs in England perform their parts towards[?] the giving effect an article of substantive law - for example the law against theft for example. But to [...?] /bind[?]/ them to the fulfilment of their respective [...?]; various unpraticable[?] laws[?] [...?] [...?] [...?] prohibitive. Each of these laws being creature[?] of same species of delinquency, is in that respect a penal law, and as such a place in the substantive branch of the law, in addition to that, which it occupies in the adjective branch.
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Title: [20 Feb 1803 Introd. Ch. Laws]Description: 20 Feb 1803 Introd. Ch. Laws [...?] Ch. 9. Of Grounds for the exclusion of Evidence. Laws and dispositions of law have on a former occasion been distinguished into substantive and adjective. Substantive laws and dispositions of law are all that are not adjective. Adjective laws and dispositions of laws are such as have for their object the giving effect to substantive laws, by the application of the general disposition of the law to each particular case. They are the same which are termed Laws and dispositions of Procedure. /laws, the business of which is to prescribe/ which regulate the course of procedure. The business the final cause - or at least use of the laws of procedure is to give effect and accomplishment to the several predictions included in the import of the substantive /laws./ mass of law. In the case of the penal class of the body of law the import of the prediction is as to that part which is addressed to delinquents is - If you do so and so, you shall /will/ suffer so and so. This is the main /direct/ and positive prediction of the law. As to the part addressed to non-delinquents, it is - If you do not do so and so, you /will/ shall not suffer so and so. This is the collateral and negative prediction of the law. In the case of the non-penal branch of the body of law the import of the prediction is - as to that part which is addressed to claimants is - If you are in such or such a case - if you are possessed of such or such a title an application made to the judicial power, you shall be invested with such or such a right. Another instance of a prediction of the direct and positive kind.
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