27 April 1805

Evidence

Ch. Ends

'.3. Procedure branch

Particular ends.

2. Wherever /On whatsoever occasion/ by the arrangements made /prescriptions is/ by the substantive branch of the law an inchoate right is conferred, if in /by/ virtue of those arrangements the Judge is /be/ required, as well as authorized, on demand or application to that effect made by him on whom it is conferred, to convert it into a consummate right, to consummate it a service of collation to that effect becomes due to him from the Judge. Second particular direct end or object and function of procedure - providing for the collation of rights, where due. 3. In case of an offence importing injury to an assignable individual, and that injury susceptible of satisfaction, the remedy afforded by punishment and thence by vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always, incompleat and inadequate. On the other hand whereas The suffering produced by the burthen of rendering satisfaction, producing as far as it goes the effect of punishment, is frequently altogether sufficient for and adequate to that purpose. The remedy afforded to the individual by the punishment of the injurer, and thence /that is/ in the shape of vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always incompleat and inadequate.

Third particular direct end or object and function of procedure - providing for the administration of satisfaction, where due.