15 Mar 1803

Procedure & Evidence

Introd. Ch.3

2 d[?]

Ends

Ends in general

 Abridge this for Evidence? leaving it at length for Procedure?

Ch.3. Ends of Procedure, of Evidence included

In a work which is already before the public, a necessary distinction has been brought to view - the distinction between the substantive branch of any body of law and the adjective branch: /+a term employed to direct[?] the aggregate mass of the laws or regulations appertaining to the subject of procedure/ Adjective was a term chosen /The term adjective was chosen/ to express the sort of relation borne by the laws belonging to that branch to the laws belonging to the other branch: the laws have termed /designated under the name of/ adjective being as incapable of existing either in reality or so much as in conception or being so much as conceived without the laws termed substantive, as in grammar the species of noun called adjective is without the support of the other species of noun termed substantive.

/How diversified soever/ Of the laws belonging to the substantive branch howsoever may be in other respects diversified, thus much may be predicated of them in common that they consist in the delivery of certain predictions. (a) Thee laws belonging to the adjective branch - the laws of procedure have or ought to have this one function [...?] and object in view in common:- viz: the giving fulfilment - accomplishment to the several predictions delivered in and by the laws belonging to the substantive branch.

(a) Not to [...?] this in [...?] of non-[...?]