28 June 1804

Procedure E

22 (1)

Ends

Ch.1.

'.5. Ends reducible

'.5. Ends reducible to the three collateral ones. avoidance to give birth to punishment, rights, or satisfaction, improper in quantity or quality.

On a strict review taken on the abovementioned specific ends of procedure (main and collateral) with their correspondent evils, the list of them may be pat to appear incompleat. Punishment, it may be said, besides being due or undue in respect of the occasion on which and the person on /to/ whom it is applied, may be due or undue /is liable to be undue/, in respect of quantity and /or/ in respect of quality. Suppose then that being applied on a proper occasion, and to a proper person, it be applied in undue quantity - that is in a quantity over and above what is due, or in a quantity falling short of what is due - or, though the quantity be unexceptionable yet[?] in an undue quality - i.e. in a mode and form /shape/ different from that which has been appointed /any which has been allowed of/ by the legislator. In each of these cases there is something wrong done by the Judge: in each of these cases the main /general/ end of procedure has been to a certain degree deviated from: a failure has taken place pro tanto in respect to the giving effect to the intended dispensation and production of the substantive law. Yet in any one of these with what propriety can it be said /how can it be said with propriety/ punishment has been applied, where undue?

And so in respect of collation of rights - and rendering of satisfaction.