24 June 1804

Procedure

Ends

Ch.

'.6. Expression uniform

Compleated by the above process, the evils and /or/ inconveniences corresponding respectively to the list of particular several ends, will stand thus

1. Non-application of punishment where due Synonym [...?]

2. Non-Collation of rights where due

3. Non-reddition of satisfaction where due

4. Application of punishment, where not due

5. Collation of rights where not due: thence imposition of the correspondent burthensome obligations

6. Addition of satisfaction where not due: thence [...?] imposition of the corresponding burthensome obligations

7. Production of unnecessary vexation

8 - Expence

9. - Delay

10. - Precipitation

11 - Intricacy

12.- Mendacity and untrustworthiness in other shapes on the part of the evidence.

And to these twelve distinguishable evils correspond so many equally distinguishable ends, consisting sverally in the avoidance if these respective evils.

In the existing state of the language - of the English language at least, (a) the three main evils have /possess/ an expression belonging /applicable/ to them in common - viz: failure of justice. To The three corresponding collateral evils belongs no such equally appropriate expression - No one of them, indeed /perhaps //it is true// but may understood to receive without impropriety the appellation of injustice: but this appellation is not more /if applicable to them at all, is not/ strictly applicable to them, that is is to the three main evils comprehendible as above under the appellation /denomination/ of failure of justice.

Note (a)

(a) In /By/ the expression of failure of justice the effect alone is indicated /brought to view/, without any reference made to any person whose act is considered as the cause. In French books, we hear not so frequently of failure of justice, dedaut[?] or manquemont[?] de justice as of denial of justice - deni de justice: a phrase by which the Judge is pointed to, as the person whose act is the sole immediate cause of the obnoxious effect. But in English pprocedure failure of justice, it will be seen, for an instance in which failure of justice is the fault of the Judge as such, it is in some dozen score or hundreds of instances the fault of the legislator: the possibility of so much as applying for justice under the head of expence, not to speak of vexation and delay imposed upon it, a state of things comparatively rare.