9 July 1804

Procedure or evidence

Evils causes

Ch. 2d Order

'. 2. non-justicability

Note (a)

By justicable I understand serviceable to law. A man is justicable or not, according to the means which in his instance the law possesses of causing him to render any such service as is or may be legally demanded at his hands: the service of undergoing punishment, rendering satisfaction, or submitting to non-penal obligations corresponding to rights, thereby conferred on the adverse party - according as the case is purely penal, mixt, or purely non-penal.

A man's general justicability is constituted by the aggregate of the means of all kinds which the law possesses of causing him to render all sorts of services in the event of their being legally demanded at his hands.

In this sense a man who is not responsible in respect either of person or transferable property may be so in respect of his reputation or condition in life.

When a man is spoken of as being specially or relatively justicable, it means that he is on some particular occasion justicable with relation to the particular service which in that occasion happens to be /is considered as being/ demanded at his hands.

Where relative justicability is wanting - is not present immediately and of itself - the deficiency may often in an immediate way be supplied by general justicability. Thus where the demand attaches upon a man's property, and no property belonging to him can be come at by any direct operation of the law, yet if he happens to be justicable in respect of his person, i.e. if his person be taken into the hands of the ministers of justice, they by the physical power thus acquired over his person may cause him to bring his property within their reach. So