7 July 1804

Procedure & Evidence

Evils causes

Ch. 4th Order

' 6. Desistment

7. Desistment

I. Natural causes.

1. Supervention of any of the above mentioned natural causes of non-demand at a point of time posterior to the commencement /exhibition/ of the demand. Example. In a case of a mixt nature, in which by a suit of a mixt nature, satisfaction and /----/ punishment are included in the same demand, an offer of satisfaction alone is made and accepted - the demandant ceases to act in that character, and the consequence is - non-application of punishment where due.

II. Factitious causes negative examples

In cases of a mixt nature, as above omission (on the part of the substantive branch of the law) to create /----/ /attribute/ any right to satisfaction to the party injured.

Note

In this case in default of a natural interest in prosecuting for satisfaction alone the hope of securing satisfaction by a compromise as above, may operate in the character of a factitious interest, so as /in such a manner/ as to engage a man to prosecute i.e. by a demand for punishment to be inflicted on the defendant: whereupon if after the demand commenced /instituted/, he secures such satisfaction as he is content to take, desistment from the demand takes place of course.