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1828 Oct. 2
Blackstone or Const. Code Judiary or Procedure Code
☞ In a bad humour for writing at this time.
In regard to trusts a regular provision for securing
the fulfilment of them was an establishment not capable
of the having place but in a comparatively mature
state of society. Requisite to A provision for this purpose required
continuity of action much more entire than what
was requisite for giving execution and effect in some
sort to most other parts of the body of the law; for
in question this execution
to the due fulfilment of a trust, this same continuance mode of action
is in the most important cases necessary: as for example
in the case of guardianship: in which a
mere negative act, though persisted continued persevered in but for no
more than a small length of time might be productive
of highly maleficent and even fatal consequences
But where this as in and therefore accordingly, to
provide against use a course of delinquency which
might be continuous required, the course of fo the application of a remedy of the suppressive kind on authority
with the the exercise of which should
upon occasion be exer correspondently continuous, that
is to say uninterrupted.
On the other hand where as in most other
cases the maleficent act consists in is of the private
sort – the consummation of it being the work of a moment
as in the case of wounding, theft or robbery
suppression being out of the question, nothing but
satisfaction or punishment being applicable to the nature
of the case, the actual application of the remedy might
without being wholly without effect be kept waiting
for an indefinite length of time: say for example seven
years: that being the interval between those Circuit and
Circuit, at the time where with under Henry the Second about the Yea⊞ ⊞ about the year 1.....,
this mode of judicature producing
the effect of Appeal
was introduced: as would
decorated at the same time
with no small degree
of self praise for the
unexampled union of
beneficence and wisdom
which had given birth to it.
Identifier: | JB/031/198/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-10-02 |
1-2 |
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031 |
civil code |
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198 |
blackstone or const. code judiciary or procedure code |
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001 |
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text sheet |
1 |
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recto |
e1 |
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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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9884 |
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