10[?] March 1808

Letter V

'.6. Reason

Ends of Justice

Inserendumae ? Cons[...?]

II. Evils of the 2d order

I. Evils of the 2d order the mischievousness of which consists of in their being

or tending to be productive of those evils of the 1st order which are

correspondent and opposite to the direct ends of Justice, as above

7. 1. Misdecision to the prejudice of the plaintiffs (or demandants) side.

8. 2. Non-decision: - the Judge not pronouncing any decision at all on the

subject of the demand.

9. 3. Non-demand: No demand made by the person who on the occasion in question,

would had he thought fit have been intitled to make a demand: i.e. a demand of

some beneficial service to be rendered to him [...?] at the charge of some

person or persons on the defendant's side, by the Judge. At first sight, here it

may be thought is no evil produced no injustice done. In some cases no: but in

others, an evil the same in the main, as that which has misdecision or

non-decision for its cause: for instance where the cause of a man's not

demanding what is his due, is his inability to defray the expence without which

his demand can not be substantiated. See infra.

10. 4. Non-justiciability on the part of the Defendant. Though on the score of

wrong committed by him satisfaction is done from him[?] yet for some reason /by

some reasons/ or other the means of /means for/ compelling /engaging/ him to

render it, are not to be found: the person or his property to the necessary

amount are not forthcoming &c. See infra.

11. 5. Desistment on the part of the demandant. After a demand made he desists

from pursuing it, desistment may be produced by most of the causes by which

non-demand may be produced. See