14 July 1804

Procedure and Evidence

1. wrongful decision against self

Of the arrangements, in consequence /-----/ of which decisions adverse to the merits may come to be given on points /grounds/ foreign to the merits, some belong to the substantive branch of law, others to the adjective - the system of procedure. It is with the latter that we have any concern at present /The latter alone are in question here/.

Decisions adverse to the merits on points /grounds/ (say sure(?)) of procedure foreign to the merits, admitt /require/ of a description somewhat different according as the side, to the prejudice of which they operate, is the demandants' or the defendants' side.

A decision adverse to the demandants side, and at the same time adverse to the ----- on a ground foreign to the merits, supposes a law or rule of law established or assumed to be /considered as/ established, whereby it is ordained that a demandant for /for and in the course of/ some inaccuracy /transgression/, real or ------ , on his part, as on the part of some other person shall lose his cause - in other words that compliance with his demand shall be refused by the judges and this without any persuasion on the part of the judge, ascribing to the rich demandant a want of right: - that accordingly, if the suit be partly penal, punishment shall not be applied to the defendant, although, setting aside the regulation in question, it would or might have been regarded by the judge as due: if the suit be of a mixt kind, that neither punishment shall be applied to the defendant, nor satisfaction at his charge be administered to the demandant, although setting aside the regulation in question as before,