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CERTAINTY Procedure regular. - Non-appearance — Contumacy — Traverse — Confession.
A man against whom a charge is made, must either
answers to it or does not — If he answers to it,
by , if that which he says has any his answer to be pertinent, must amount either
to a confession or a denial
If he does not, it must be either because being
absent, he cannot, or being present, he will not.
In the prescription of Procedure convictions upon Statutes
slightly penal, no difficulty has ever been made
of considering either of these methods of behaviour
as tantamount to a confessions of
the suspected offences charged —
Only out of by Common Law kindness to the offender, for non-appearance,
the way was to subject him to
a Punishment which was at least equal where to, & in all
most cases, superior to that which he could incur
by conviction, & was the same for one original
offence as for another v. 29. . 6 5 & 3 &.1. 4.7 — and — 3 for 1 16, 17 Specific convictions in place of Outlawry, — for continuancy
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to a Punishment, a thousand times worse
than the heaviest he could suffer by conviction.
Identifier: | JB/050/035/001 "JB/" can not be assigned to a declared number type with value 50.
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procedure code |
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035 |
certainty procedure regular. non-appearance - contumacy - traverse - confession |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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