March 1808

Letter V

§.6. Reasons

Ends of Justice

Injustice v Defend t Causes

I. Misdecision

II. Non-Decision

Causes of Injustice to the prejudice of the Defendant's side i.e. of Injustice done to an individual by undue obligations imposed on him in the character of defendant. whether on the score of satisfaction, on the score of wrong, collation of rights in favour of the other side, or punishment.

I. Misdecision, to the prejudice of this side of the suit.

Of Misdecision to the prejudice of this side all the causes are to be found upon the list of the causes of misdecision to the prejudice of the plaintiff's side: but of these last there are some which will be seen not to be applicable to misdecision when to the prejudice of the defendant's side.

 Examine

II. Non-Decision.

In the evil produced by this species of misconduct on the part of the Judge is involved the mischief to the same effect as what would have been produced by misdecision to the prejudice of the Plaintiff's side. If to that mischief the defendant's side is not liable to be subjected by the operation of this cause. There remains the evil of the delay, by which the defendant's side is liable to suffer as well as the plaintiff's.

For the causes of Non-Decision, see above the case in which the side that suffers by it is the plaintiff's side.