21 May 1805

Evidence

Introd.

Ch. Preparatory Explanat.

'. Division of suits

2. If there be an individual who by an interest peculiar to himself, and setting aside casual impediments /obstacles/, adequate to the purposed, is incited to institute and engaged to carry through the suit, in such case, saving an excepting[?] such measures as may be necessary for the removal or surmounting of such impediments, in such case the legislator is under the need of occupying himself about the creation of any factitious interest, directed to that end. In this case are all /in general/ those suits which are of a purely non-penal nature and suits which are not grounded on any correspondent class of offences, inasmuch as a suit of this description does not presuppose the existence of any act coming under the description of an offence. 3. If although at the same time that an individual exists[?], who by an interest peculiar to himself may be [...?]: institute and engaged to carry through the suit, yet it may chance that in this or that individual instance that interest may not be of a strength /the strength of that interest may fail of being/ adequate to the purpose, at the same time that the public at large has /possesses/ an interest in the rendering of the service demanded by /which is the object of/ the suit, and an interest of such magnitude as to render it inexpedient to trust the rendering of the service altogether to the chance of an adequate interest on the part of the individual, in such /this third/ case the legislator is called upon to make provision against the partial[?] or contingent deficiency of individual interest, in the same manner as he is to make provision against the total deficiency of such interest in the first case.