4 July 1804

Procedure & Evidence

Note Evils causes

3d order

'.3 Non-decision

Note (a)

(a) A few instances /A rare and heteroclite sort of case/ will be mentioned /brought to view/ in its place /further on/ /in proper ----/, in which a cause may be, and is sometimes /is,/ carried on without a complainant /demandant/ the same person ---ling /adding/ the function of the plaintiff to the office of the judge /that of the judge/.

Setting aside this /that/ heteroclite sort of case, so long as there is no demandant, and thence no demand, there can not be any decision. no decision either on that side or the ---- can take place /be pronounced/ never ---- takes place. With regard to the ------ of the parties in respect of the result of the suit, it is exactly the same, setting aside the incidental evils of vexation and expence, as it would be if the complaint having been instituted, a wrongful decision /adverse/ to the prejudice of the plffs side had been pronounced.

But to an individual whose station is on the plaintiff's side /of the demandant/ - to an individual who stands in need of a service to be rendered to him by the judge, the effect of non-decision, which so long as it lasts, is exactly to same as that of wrongful decision - a decision importing a wrongful refusal to render him that service.