JB/052/017/001

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4

13 Novr 1802.

Dumont Procedure

Ends

whether he is willing to receive it the Judge
imposes up it upon him of course.

But if the case be such that the Judge
before he proceeds to impose the obligation so
required to be imposed causes application to be
made to the party in question to know whether
he be content to see it imposed upon him and
upon such application so made to him he refuses
to submitt to have it imposed upon him unless
upon further order to be pronounced by the Judge upon hearing
the reasons for and against the imposition of
the obligation thus contended against in dispute on in such case
a cause suit or litigation takes place & such cause
suit or litigation is termed a civil non-penal one.

7
In a penal suit
some transgression
is supposed certain
and past —
in a non-penal
eventual only.

In this case as in the case of a penal one an offence
is still supposed as liable to be committed nor
without the idea of delinquency can this case
any more than the other be understood for
in this case a judgment with an order thereupon
grounded is supposed in one event to be viz in
the event of the plaintiffs gaining his cause to
be issued by the judge. But to the idea of a
judicial order the idea of an act of delinquency
is necessarily annex'd for the order has no force
if any act in performed in breach of such
order be not considered and treated as an offence.

Both an act by which a penal suit
is commenced and an act by which a civil suit
is commenced supposes suppose an act of delinquency —
an offence — the difference is that the acts
by which a penal suit is commenced suppose
an offence committed already whereas an act
by which a civil suit is commenced does not
suppose any offence committed already does not

Identifier: | JB/052/017/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1802-11-13	Marginal Summary Numbering	7
Box	052	Main Headings	procedure code
Folio number	017	Info in main headings field	dumont procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4
Penner	john herbert koe	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16690
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