21 May 1805

Evidence

Introd

Ch. Preparatory Explanat.

''. Division of suits

The demand for this distinction in classification /arrangement/ and nomenclature was produced by several differences of prime importance in /with a view to/ practice.

I. From the differences respecting burthensomeness of the obligation result correspondent differences in respect /respecting/ the coerciveness[?] and thence the burthensomeness of the operations necessary to secure forthcomingness and eventual justiciability of the defendant. In general the burthensomeness of these operations will be greater in a purely penal suit or a mixt suit than in a purely non-penal suit.

II. From the differences respecting the interest of suing[?] by which an individual having it in his power to institute and carry through a suit having for its object the demanding at the hands of the Judge the rendering of the service rendered by the imposing upon the defendant the obligation correspondent /appropriate/ to the nature of the suit, result the necessity or non necessity of extraordinary measures to be taken by the legislator for serving in all cases the institution and the [...?] of the correspondent suit.

1. If there be no /the nature of the case be such that there is no/ individual who by any interest, any naturally[?] [...?] interest peculiar to himself is urged /[...?]/ /instigated/ to institute the suit, and thence to subject himself to the vexation and expense attached to the [...?] of it, in such case either the legislator in default of such natural interest, must create and afford to some individual a factitious interest adequate to the production of such effect, or the correspondent branch of substantive law will go unfulfilled.

In this case are all these suits which are of a /belong to the/ purely penal nature /class/: suits which have for their object the cutting down /causing/ punishment to fall upon the defendant on the score of an offence of the class composed of the offences stiled[?] Public Offences, being the last of the four[?] classes into[?] /under/ which offences of all descriptions have been arranged in a book already under the public eyes+

+ Dum.[?]