13 July 1804

Procedure and Evidence

1. wrongful decision against self

A decision thus contrary to the merits will in every case have been pronounced in the supposition of the non-observance of some obligation (collateral obligation) imposed upon the party in question by a law or rule of procedure, with a penalty attached to it, consisting in the loss of his cause: that is, if the demandant in the non-compliance of his demand although compliance with it should be due on other accounts - whatever be the object of it, punishment, satisfaction, or right, if the defendant, in the vexation attendant on the compliance with the demand, although it should be ---- /compliance with it should on other accounts.

 Insert here definition of ----- form of nullity - void sitting aside for ------.

The composition of this obligation will in some instances appear to be purely capricious, having no perceptible tendency, not even in the slightest degree, to promote either of the two ultimate ends of procedure, or so much as any one of the three ends.

In other instances it will appear to have had in view the fulfilment of some one or other of those three ends, howsoever little conducive to the end aimed at, or repugnant to the two other ends /other end/ which ought not to have been lost sight of or neglected.

Suppose for example, that in the view, real or pretended, of saving a defendant from being subjected to an obligation in a case in which it is it not due, an obligation be imposed on /a rule //regulation// be made/ on the demandant, requiring him, on pain of seeing compliance with his demand refused, to convey /communicate/ to the defendant a summons on a certain form, to the end that he may have the opportunity of making /soliciting/ the allegations and proofs necessary to his defence: necessary that is to his proving himself /showing himself to be/ exempt from the obligation in question in the event of its not being due and