JB/047/025/002

Click Here To Edit

Procedure Ends Marg. Contents

Ends

1
Laws substantive
and adjective
Laws of procedures
are adjective
2
End of a law of
procedure - fulfilment
of the prediction
contained
in or
the substantive laws
3
Ultimate utility
of a law of procedure
depends on
that of the substantive
laws it is attached to.
4
There are other ends
besides this
main end.
5
End of procedure
(main) to fulfil
the predictions of
the substantive laws
viz: in penal
cases-
1 Punishment
2 Satisfaction
6
2. In non penal
cases-collation
viz: of some right
with the correspondent
obligations.
7
in a penal suit
some transgression
is supposed certain
of past-
in a non-penal
eventual only

Ends

8
Penal procedure
1. Ultimate ends two
Positive punition
due
2.negative non-
punition if undue
9
Collateral or inci-
-dental ends
1- avoidance of vex-
-ation-(juridical.)
10
Vexation juridical
modifications-
1. Time consumption
2. Local confinement
3. Pecuniary expense
4. Mental anxiety.
11
These branches of
vexation tend to
produce &aggravate
each other.
12
II Mischiefs of 2dorder
of delay and the
avoidance of it-
viz: so much as
is avoidable.
13
Ulterior mischiefs
viz of the first or-
der arising out of
delay-
1 Non punition for
the time
2. Punition where
undue.

Ends

14
III Mischief of the
3rdorder-Precipitation
By precipitation
no certain mischief
of either of the two
first orders is produced
- only a chance
of one or the other of
the mischiefs of
the first order as
the case may be
viz.
In penalibus
1 Non punition
with non satisfaction
2. Punition undue
with satisfaction undue.
in non penalibus
3. Non-collation
where due
4. Collation where
undue
15
By precipitation
is meant the
taking of less
time than what
is supposed to be
necessary for the
purpose.
16
Examples
1- for forming a
Decision-
In this case
however there is
no actual inconvenience
produced
if the decisionappears to
be right.
17
2. for the forthcoming
of a witness
In which case
however there is
no actual inconvenience
produced
if the witness comes.

Ends

18
By the appearance
of precipitation
a mischief of the
second order will
be produced - consisting
of the apprehension
of the
realizing of the
contingent inconveniences
in the future
instances.
19
Use of the above
list of ends - &
criterion for all
laws of procedure
- the source of all
principles and.
reasons for such
laws.
20
It is compleat
till a mischief
can be found which
arsing out of the
course of procedure
cannot be ranked
under any of these
heads
21
Use of the above
list of ends - a
criterion for all
laws of procedure
established or proposed.
22
What there is of
novelty in what
is delivered concerning
these ends-
1. Bringing them
together at the outset
to serve as
first principles
2. Explaining their
relation to each other.
3. Employing them
as tests and the only
tests for judging of
objective laws.

Identifier: | JB/047/025/002"JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering	1-22, 1-5, 7-8, 6-7, 6-7
Box	047	Main Headings	procedure code
Folio number	025	Info in main headings field	procedure ends marg. contents
Image	002	Titles	ends
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	14893
Box Contents