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1828 Aug. 20
Blackstone
As often as When, in a suit stiled a civil suit
the proposed defendant is in that state of indigence, absolute
or at any rate relative, at in which he is in a
state of utter inability to pay for being defended, and
accordingly remains undefended, he is thereupon declared
to be in contempt: that is say, that to in his eyes the
Judge with all his power or the whole fraternity of the the Judges
with all that power are objects of contempt: and it
is to in the purpose of subduing such his audacity that
the whole of that power is employed employed.
Meantime All this while, under law as it is, of the actual truth after all were an
object of regard, no such word as defendant would, with the simple exception of those who in a criminal case are unable to purchase the affections of learned defenders under
law as it is, would ever be in any case be stiled the
defendant:
for such is so to such a degree
and directed to other ends is the machinery of judicial
procedure, that who ever of himself, on being affected should attempt
to show so much as a single state, to do so much as a single act
for the purpose of self defence would find himself think instead stuck
in it thrown down and crushed by it.
If at the very close of the suit that is to say at the trial or other hearing, after having employed
in the required number learned defenders of all the several
grades and classes in his defence On he has and having heard
one or more of them argue in his defence it has happened
to him to perceive or suppose that this or that part
has been omitted, misstated or insufficiently argued upon
to his prejudice, he stands presumes to stand up and address the Judge
and Jury, or the Judge or Judges as the case may be
in the view of making the appropriate amendment, and
thus, in the true and proper sense of the word acting as defendant
and defending himself, he no sooner does he make the
attempt, then he is put
down and silenced.
In appropriate season,
this state of things will
come to be more fully and
distinctly brought to view: but to obviate misconception, thus much presented itself as being, in the present occasion, necessary.
Identifier: | JB/031/178/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-08-20 |
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031 |
civil code |
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178 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c1 / d5 / e5 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9864 |
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