JB/058/038/001

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May 1805
Evidence

§. Division of Suits

By every suit at law, by every juridical demand, an obligation
of some sort or other, is endeavoured sought to be imposed upon the
defendant: if the nature of the obligation be such that the
evil or burthen sustained to which the defendant is subjected so circumstanced is of a nature
to be comprised come under the denomination of punishment – if the
defendant on being subjected to it is said to suffer punishment
he being understood to have done some act that comes under the denomination of an offence –
the suit is of the penal class, say (for a reason that will appear presently) purely penal, if the nature of the obligation be
such that from the defendants being subjected to it, the plaintiff
is said to receive satisfaction for some injury, the plaintiff
receives some advantage, but the defendant is not considered as
subjected to any suffering suffering anything in the score of punishment, not being considered as having committed done any act that comes under the denomination of an offence, the suit is of
the non penal class: if, from the defendant's being subjected to the
obligation, the plaintiff is under is understood to have committed an offence to the
prejudice of the plaintiff received an some advantage, and the
his right to that advantage is understood to be constituted by
the fact of the defendants having this same act committed an same offence,
the among the consequences of which is that of having been
productive of some lot of mischief falling exclusively upon the defendant,
the suit may be said to be of the mixed class.

The mixture consists of this, viz: that in this case, the benefit
received by the plaintiff by the administration of such satisfaction upon such satisfaction being administered to
him, has with respect to the augmentation of his well-being, an effect
similar to that which to him when by the act of the Judge he is made to receive
the benefit of a right, the indirect right which conferred on him by the
legislator being for his benefit converted into a correspondent consummate right: at the
same time that on the part of the defendant the burthen attached to the obligation of rendering this satisfaction,
being imposed on him a consideration of the offence committed by
him (or his) to the prejudice of the plaintiff, has in that respect the effect of punishment.

Identifier: | JB/058/038/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	038	Info in main headings field	evidence
Image	001	Titles	division of suits
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18707
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