20 Feb 1803

Introd.

Ch. Laws [...?]

Ch. 9. Of Grounds for the exclusion of Evidence.

Laws and dispositions of law have on a former occasion been distinguished into substantive and adjective.

Substantive laws and dispositions of law are all that are not adjective.

Adjective laws and dispositions of laws are such as have for their object the giving effect to substantive laws, by the application of the general disposition of the law to each particular case. They are the same which are termed Laws and dispositions of Procedure. /laws, the business of which is to prescribe/ which regulate the course of procedure.

The business the final cause - or at least use of the laws of procedure is to give effect and accomplishment to the several predictions included in the import of the substantive /laws./ mass of law.

In the case of the penal class of the body of law the import of the prediction is as to that part which is addressed to delinquents is - If you do so and so, you shall /will/ suffer so and so. This is the main /direct/ and positive prediction of the law.

As to the part addressed to non-delinquents, it is - If you do not do so and so, you /will/ shall not suffer so and so. This is the collateral and negative prediction of the law.

In the case of the non-penal branch of the body of law the import of the prediction is - as to that part which is addressed to claimants is - If you are in such or such a case - if you are possessed of such or such a title an application made to the judicial power, you shall be invested with such or such a right. Another instance of a prediction of the direct and positive kind.