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21 May 1805
Evidence
2. If there be an individual who by an interest peculiar to
himself, and setting aside casual impediments obstacles, adequate to the proposed,
is incited to institute and engaged to carry through the suit, in
such case, unless saving and excepting such measures as may be
necessary for the removal or surmounting of such impediments, in such case
the legislator is under no need of exerting occupying himself about the
creation of any factitious interest, directed to that end.
In this case are in general all 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 his 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 incited: institute and engaged to carry
through the suit, yet it may chance that on this or that individual
instance that the strength of that interest may fail of being interest may be not be of a strength adequate
to the purpose, at the same time that the public at large professes him an
interest in the rendering of the service demanded by which is the object of the suit, and
such an interest of such magnitude as not 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 under 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.
Identifier: | JB/058/040/001 "JB/" can not be assigned to a declared number type with value 58.
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