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.