JB/056/178/001

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1827. Octr. 19 +
Law Amendment.

Propositions
§.5. Procedure
Suits.

Distinction the 4th
Suits inculpative, and
not inculpative

4. Distinction the fourth. Suits inculpative, suits not inculpative.
By a suit not inculpative may be understood a suit
by which the demandant demands at right the hands of another
or others, a right but without imputing wrong to any one
on the account in respect of his not being in possession of such right: the ob
such possession not being otherwise at any hands other than those
of the Judge.

Distinction 5 Suits
inculpative but not
criminative and suits
criminative

5. Suits inculpative but not criminative, Suits criminative.
By a suit criminative suit understand a suit by which evil
consciousness is to the commission of an act/offence productive of a wrong being imputed to the defendant, evil consciousness
is charged as having be in the mind of the offender been
an accompaniment of it: by a suit inculpative but not
criminative a suit by which wrongdoing being charged as
above the wrong is stated as having been the result of want
of due attention, and thence either of negligence or redress

In many cases it will be a person standing in the situation of the demandant be matter of doubt
which of the above two
was the state of the
defendants mind on
the part of the Defendant:
in this case
the two suits
will be conjunct, and
the demand will be
made in the alternative:
in the inculpable
matter
satisfaction for, in the
case of evil consciousness
satisfaction if the
nature of the wrong admitted
is, or in case of an addition to satisfaction as the case may be, punishment.
Suits adverse or In the case of a criminate suit this or that arrangement/operation may come to be disposed/needless which in an adverse suit might/would be necessary

6. Suits plurilateral including those bilateral, suits unilateral,
Bilateral are suits of the ordinary complexity: one one side a demandant
or demandants

When wrongdoing is imputed, the party affected by the
wrong may be either the public alone, no assignable individual
more than another being affected by it, the case wrong and the case may be stiled a
party one: when an assignable individual is affected by it, and
the by reason of the abuse or danger or both resulting from it
the public likewise, the wrong and the case may be stiled public-private.
In the case for example any theft and robbery
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☞ From the next page
7 Distinction the seventh. Suits adverse. Suits amicable
adverse in so far as the one party opposes refuses what the other another
demands: amicable in so far as they agree in leaving it to the
Judge whether to grant the service demanded or refuse it.

Most suits will of course be amicable. Those to which it happens
most frequently to be amicable will be suits not inculpative and
in particular those by
which the demand is made
of the of the distribution of a benefit
among co-interestees.

Identifier: | JB/056/178/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-19	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	178	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C7
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18234
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