JB/010/039/002

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exemplified for the designation of which
no appellation is to be found in our books.
If no persons more than one can be proved
to have been acting in the commission of it there
is no hope of remedy. But suppose two concerned
here you have a conspiracy: thereupon
the counsel before whom the case is laid
looks into his books; and if he thinks he has
found a case bearing a sufficient resemblance
to that in question he advises the preferring
a bill of indictment as for a conspiracy.
But under an indictment, be the injury
what it may, no satisfaction whatsoever
except that vindictive satisfaction, which if
it inflicts punishment it can not keep from
him, is offended by the law. True it is, as in
some cases, an action called an action in
the nature of a conspiracy, or by some such
circumbendibus has been admitted. To the details
of these matters I can not pretend to speak
but what I can say with confidence is — that
as on the one hand the field of the prosecution
called an indictment for a conspiracy
falls very far short of being coextensive with
that part of the field of mischief which belongs
to the field of penal law so on the other hand
the action in the nature of an indictment
for a conspiracy falls short more or less

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15

of being co-extensive with the indictment
for that offence: nor shd I expect to find that
in that case unless the offence be proved upon
two offendors they action may be maintained:
and all this while for any information that can
ever happen to the persons in question to obtain
— I mean the persons exposed to the temptation
of committing the offence, and the persons exposed
to the danger of suffering from it, as well
might the proceedings be carried on in the
moon as where they are.

In the two cases above exemplified viz:
that of simple mental injuries and that of impositio
wrongful imposition of expense I should
not be surprised to find in each field here &
there a spot taken possession of by an indictment
as for a conspiracy, possibly even by
an action as for a conspiracy: and now if
on either of these two heads I have succeeded my
dear Dumont in making myself intelligible &
paying obedience to your commands so much
the better.

Attenuation (Anglice extenuation) 1. drunkenness.
Never was this intended to take place as
of course generally speaking indeed it may
be true, that that mischief a man does when

Identifier: | JB/010/039/002 "JB/" can not be assigned to a declared number type with value 10.
Date_1		Marginal Summary Numbering
Box	010	Main Headings
Folio number	039	Info in main headings field
Image	002	Titles
Category	correspondence	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner	john herbert koe	Watermarks	john dickinson & c<…> 1813
Marginals		Paper Producer	a. levy
Corrections	jeremy bentham	Paper Produced in Year	1813
Notes public	draft of letter 2425, vol. 9	ID Number	3475
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