[clx. 193]

1821. April 20.

First Lines

Judiciary

/Procedure

Non penal and Penal/

Aspect of the cause or suit - non penal or penal.

By a non penal cause, understand that sort of excuse in which, in addition /over and above/ to the suffering unavoidably attached to the burthen of relief redress or compensation, no additional /ulterior/ burthen is for the purpose of punishment imposed.

A cause is rendered penal in either of two ways by substitution or by addition made of punishment to relief or compensation: by punishment substituted to relief or compensation or added to it.

1. Where evil has been done, but no assignable individual to whom it applies to the exclusion of all others /any other/ there is no individual to whom in particular relief can be afforded or compensation made. In this case, punishment must, if any, be the shape in which if in any, the inducement to forbearance must be presented.

In this case are the several offences appertaining to the class intituled offences against individuals.

Causes of this description may be stiled penal on account of an individual specially injured.

2 Causes penal by reason of aggravation. In these causes to the burthen of compensation, if there be an individual specially injured, suffering, for the purpose of punishment, is added. If there be no such individual, punishment exceeding that which is added in a cause which is penal only for want of an individual injured is employed.

To those penal causes which are such by reasons of aggravation, the adjunct criminal may be applied.