17 March 1808

Letter V

§.6. Reasons

Ends of Justice

3. Non-Demand Causes

III. Causes of Non demand, in the case in which it operates as a cause of failure of justice.

As in the character of a cause of failure of justice, Non-Decision supposes demand, so in the same character, Non-Demand, supposes a just title: viz. on the part of some person who should have been plaintiff: a title to some service or other which is one or another of the three shapes so often mentioned should have been rendered by the Judge, and by the same rendering for want of which the failure of justice has been produced.

Moreover the character of an evil thus ascribed to the negative end in question, supposes evil in some shape or other undue pecuniary loss for example, to have devolved on some person for want of such demand.

I. Natural causes of Non-Demand, as thus explained:

1. On the part of him by whom the demand should have been made, want of knowledge of the law or rule of action, in respect of such part of it by which the ground of such demand is created. See on the head the list of Factitious causes.

2. In the same quarter, want of knowledge of the facts, the knowledge of which would have been necessary to their being brought to view in the character of evidence in support of the demand: collective events in respect of the right or title to the service which should have been demanded.

See again the list of Factitious Causes.

3. In the same quarter, want of correspondent power at extra, adequate to the effectual support of the demand, from the commencement of the suit to the termination of it: in particular want of power for defraying the necessary expence. See again Factitious Causes. For ulterior causes of this deficiency see further on, titles Non-Justiciability of him who should have been made Defendant, and Non-forthcomingness of Evidence.