9 July 1804

Procedure or evidence

Evils causes

Ch. 2d Order

'. 2. non-justicability

Note (a) continued

So again where neither his property nor his person are at the time in question within the reach of the law, so that /in so much/ that he is not justicable in an immediate or direct way in either respect, it may happen to him to be made justicable in either or both respects in consequence /by virtue of/ his justicablity in respect of reputation or condition in life: - as where his future expectations depend on his being considered for the purpose of succession to property as the son or other relative of a certain person: or upon his being capable of holding a certain office. It was in this way among others that Christians of all denominations in most Christian countries were at one time, justicable, and in so far subject with reference to the Pope of Rome.

Justicability may again be distinguished into justicability in point of fact, and justicability in point of right. In French law /jurisprudence/, a man over whom such or such a judge has a right to exercise power of judicature in such or such a case, is said to be his justicable: and thus whether in point of fact the individual be or be not justicable with reference to the judge - i.e. whether the judge has or has not in his hands the means of compelling the individual to render the service demanded, or liable to be demanded at his hands. Justicability in point of fact, is, it is manifest, the only one of the two modifications of justicability that is in question here.