7 July 1804

Procedure & Evidence

Evils causes

5. Non-demand

II. Factitious causes negative.

1. Want of the arrangements necessary for supplying the natural want of interest. Viz: original interest: a natural interest by an adequate factitious one

N.B. In cases purely penal (offences against the person alone) no individual has any natural interest to prosecute: unless it be the casual one of private enmity, public spirit &c as above.

In mixt cases the natural interest applies no further than the demand for satisfaction: for in respect of the demand of punishment there is no rational interest, except casual ones as above.

2. Want of arrangements necessary for overpowering /surmounting/ the natural counter-interests created by the considerations of vexation and expence attached to the function of demandant /a prosecutor/

3. Want of the arrangements necessary for supplying the natural want of knowledge in relation to the law: viz: by homologation, digestion, and promulgation, as above.

4. Want of the arrangements necessary for affording a uniformly adequate supply to the natural want of power to the ----- resulting form the inability to defray the natural expence.

5. Want of an all-comprehensive and effectual /efficient/ system of arrangements for securing, in every /each/ instance as far as natural obstacles permitt, the forthcomingness of evidence in every instance.

6. Want of an all-comprehensive and efficient system of arrangements for securing, in each instance according to the nature of the demand i.e. the service demanded, the relative justiciability of the defendant, according to the nature of the demand i.e. the service demanded.