23 June 1804

Procedure & Evidence D

20 (4)

Ends

Ch.1.

'.4. Particular Collateral Ultimate

Moreover, even where punishment, under the name of punishment, is out of the question, the defendant in every cause is exposed in like manner to suffer, due or not due, some one or other of an infinite variety of burthensome obligations. be the right - the right demanded at the hands of the Judge by the plaintiff - what it may, the collation of it, (it has already been seen) can not by any possibility be performed without the creation of a correspondent set of burthensome obligations. When a right is considered as conferred the right is all that is commonly spoken of /in common speech nothing is spoken of but the right/, but no sooner is the right created than the correspondent set of obligations are imposed. In the case where, according to the appointment made /arrangement made //taken// by the legislator, the right is due, the evil produced by the obligations, is or at least ought to be, in the judgment of the legislator outweighed by the good flowing immediately from the right. In the opposite case, the evil, in /according to/ the same judgment either stands single, or at any rate outweights /is preponderant over/ the good.

Second particular end, branch of the collateral general end of procedure - avoiding to impose obligations where undue, viz: the obligations by the imposition of which undue rights would be conferred: avoiding to confer rights where undue, in as much as by such collation undue obligations would be imposed.