JB/042/349/001

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1824. March 27 +
Constitutional Code. Copd

ulto
Ch. XI. Judiciary collectively
§. Justice to the poorest

3

Art. 5. Thus far, as to the mode in which the evil is
Art. 5. When In so far as in the Defendants side that
produced, where the indigence is on the Pursuers side:
the indigence has place in so far as it is on the Defendant's side, the power of the law is not
merely as a negative, but in a positive way the instrument,
by the operation of which it the evil is produced. Any man
In this case by any person who being relatively opulent chooses to take
On the pursuers side any person may for the purpose of
for this purpose a station on the pursuers side, is thus enabled to
on the part of
inflict on every person whom relatively indigent whom he wishes has any desire thus to injure,
suffering in any shape, in which, on any occasion, on the score of guilt or otherwise, any
person is ordered obliged impaired by law to produce it. Here then
is a tyranny, of which the power of the legislator, and that of the Judge
are in a more direct way the instrument. In this case
the distinction between the original and the incidental evil, as above,
has application place likewise. In neither branch case however can it be
has likewise place: but on both branches it is
termed extrajudicial: in both cases it is purely judicial, the power of the Judge being
the only very and only instrument by which it is produced: this sole exception
those cases alone excepted, in which for conviction positive proof of delinquency is
made necessary, the circumstantial and negative proof afforded by non appearance not
being taken for conclusive. evidence of delinquency.

Identifier: | JB/042/349/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-03-27	Marginal Summary Numbering	5
Box	042	Main Headings	constitutional code
Folio number	349	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public	"copd"	ID Number	13272
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