date

26 April 1805 Evidence Ch.
26 April 1805

Evidence

Ch. Ends.

' 2. Procedure, what

General End

'.2. Procedure, what - General end of Procedure

In every established body of law, in whatsoever nation or political community established, two sets of arrangements may be distinguished.

In one /One set is occupied/ /The occupation of one is/ in the creation and allotment of rights with their correspondent obligations: and thereby in creating and marking out for punishment offences, and thereby also in so far as its arrangements are conformable to the dictates of utility, in rendering services[?]. for satisfaction such offences as operating to the prejudice of assignable individuals, come under the denomination of injustice.

In these several operations are virtually[?] but /and/ necessarily included, so many correspondent predictions (and engagements): viz. that of the rights so allotted the enjoyment will be secured - that to the acts so erected into offences and /or/ injuries, and in that quality marked out respectively for punishment and satisfaction, punishment and satisfaction shall accordingly be [...?] /applied/.

These predictions, as towards every person interested in the fulfilment of them, that is to say, as towards every person to whom the rights the enjoyment of which is so intended or declared to be secured or allotted, have, on the part, and at the charge of the legislator the effect of engagements: inso much that if in the instance of any of the rights for the creation, allotment and security of which a correspondent offence is /has been/created, that is a correspondent obligation imposed, in the event /case/ of the obligation, not being submitted to, and thence a correspondent offence being committed, the punishment and satisfaction declared to be allotted to such offence fail of being administered, the engagement so entered into is violated.
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  • Title: [28 April 1805 Evidence Ch.1]
    Description: 28 April 1805

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    '. Opposite Evils

    In the instance of each of these several ends, the attainment /fulfilment/ /accomplishment/ of it is a good, the non-attainment, non-fulfilment, non-accomplishment of it is an evil. General direct end of the system of procedure, giving effect to of the /giving fulfilment/ arrangements, predictions and engagements contained in the substantive branch of the law. Evil corresponding and opposite to that end - Inefficiency, non[?]-fulfilment of those same arrangements, predictions, engagements.

    First particular end - first branch of /Particular direct end the first: branch the first of/ the General direct end of the System of procedure - Administration of punishment, where due. Evil corresponding and opposite to this end - Non-administration of punishment where due.

    Second particular direct end; second branch of the General direct end of the System of procedure - Collation of rights, where due. Evil corresponding and opposite to this end - Non-collation of rights, where due. Third particular direct end; third branch of the General direct end of the system of procedure - Administration of satisfaction where due. Evil corresponding and opposite to this end - Non-administration of satisfaction where due. Let not this nomenclature be considered /regarded/ as so much useless sound: ample use will be /continual use will be/ seen[?] to made of it as we advance.
  • Title: [26 April 1805 Evidence Ch.]
    Description: 26 April 1805

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    '. Procedure what

    General ends

    To declare that in this or that case punishment or satisfaction shall or will be administered would be an operation /arrangement/ without /use or/ effect or use, unless certain determinate individuals /persons/ were fixed upon and appointed, as the persons by whose hands or by whose orders the operation shall in /on/ each several /particular/ occasion be performed. The persons the public functionaries by whose orders the operation is thus performed, are termed Judges: say in the abstract, and to save the continual repetition of details respecting the number the Judge. The functionaries by whose hands, or by whose orders in execution or under the control of superior orders issuing immediately from the Judge, the operation is performed, are or may be termed by a common appellative, subordinate or ministerial or executive officers of justice: or in the abstract as before, a subordinate, or ministerial, or executive officer of justice.

    In so far /On each occasion, as often/ as punishment or satisfaction is thus administered as above, a service, it is evident, is rendered: a service which is such with reference to in each case the person or persons, to whom the enjoyment of the correspondent right is thereby secured, in so far as it is capable of being, and actually is secured
  • Title: [28[?] April 1805 Evidence Introd]
    Description: 28[?] April 1805

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    Ch. 10 Collateral

    ' Collateral [...?]

    ' Vexation from

    Ch. Ultimate collateral ends /end/ of procedure - avoidance of vexation from misdecision to the prejudice of the defendant.

    Besides the lots of vexation which, in greater or less number, and each with more or less weight, fall /have been seen falling/ upon every person /individual/ whom the institution /exhibition/ of a legal demand places in the condition of a defendant, there is one /one remains to be spoken of/ which consists /is constituted/ of the burthen which it is the ultimate and direct object of the demand to throw upon him the burthen of bearing the punishment sought by it to be imposed upon, administering the satisfaction or seeing it be[?] administered at his expence - or in a purely non-penal case, conferring or seeing conferred at his own expence the particular right which is the object /constitutes the subject and object/ of the demand.

    In each case, suppose the burthen the obligation due - suppose it of the number of those by the imposition of which the arrangements and predictions of /delivered by/ substantive law in that behalf will be made to take effect, thus vexation at the end of the [...?] account is not to be placed to the account of great[?] evil or inconvenience: for, if /suppose/ it to be not outweighed by some good produced by that the same operation, the fault lies in the substantive law by which the burthen was imposed, not in the adjustive branch of the law, the perfection of which consists in giving effect and fulfilment to the utmost to the predictions /arrangements predictions and engagements/ contained in the substantive branch wherever they may be: provided always that the mass of incidental inconvenience produced by the adjuctive law - by the course of procedure be not so great as to preponderate over the good produced /attached/ to the fulfilment of the substantive.