9 July 1804

Procedure & Evidence

Evils causes

3d order

'.3 Non-justiciability

2. Non-justiciability, (as above explained), on the part of the defendant.

I. Natural causes

1. The defendant unknown - in respect of his person.

2. The defendant unknown - in respect of his name.

3. The demand for justiciability attaches upon his person, (as whose corporal punishment is the punishment due) and his person is not forthcoming.

4. The demand for justiciability attaches upon his property - and in quantity and quality sufficient to answer it, is not forthcoming.

5. The demand for justiciability attaches /attaching/ upon his property, and in this without accessible and adequate property in existence.

6. - or without accessible and adequate property situate within the reach of the Court.

7. The times, at which the causes nos. 3, 4, 5, and 6 are considered as operating, being a length of time terminating in that of the act, whatever it be, by which the suit is considered as commenced in so far as they respectively take place at any subsequent point of time, they may respectively be considered as having delay for their cause: viz: in the present instance so much of it as is referable to natural causes. See title Delay.

N.B. In cases nos. 3, 4, 5, 6, it must be understood, that not only special justiciability with reference to the particular demand in question is wanting; but general justiciability in all its forms is either wanting altogether, or not present in a degree adequate to the purpose.