16 April 1804

Evidence

Forthcomingness

Ch. 4. Misprision

§.2. Extent eligible

2. Eligible extent - Rules for marking it out.

Such being the possible extent, capable of being given to the offence characterizable by the name of non-information, next comes the question in what cases the imposition of the correspondent obligation is an eligible measure?

On this subject the answer to be given may be comprized under the following rules.

Rule 1. For the purpose of no cause, not being of a penal nature, ought the obligation resulting from the extension /creation/ of the sort of offence called non-information to be imposed. In other words - of the sort of offence, characterizable by the name of non-information, no modification that is not comprizable under the head of non-delation, ought to be imposed.

Reason. The punishment and prosecution as for any such offence should be so much vexation. By reason /In consequence/ of the natural and in some degree almost insuperable non notoriety of the law, especially the non-penal branch of it, this vexation would /might/ frequently be incurred. but in general in such non-penal cases, in which information /indication/ of evidentuary facts from casually percipient witness were necessary to the purposes of justice, the purpose of it might be sufficiently answered by its being furnished where called for by notice, advertisement, general or particular, communicated /given/ for that purpose. This being admitted, whatever portion of vexation were to be produced by a penal law to the effect in question would be needless.