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§§.3
Ch. II All-embracing Arrangements
§ 3. Operations
27
3. Accommodation
what
By accommodation understand that operation which
is performed as often as a person who is not a party to the
suit, steps in and lends his assistance to a party on either
side for the purpose of saving him from an injustice or hardship
coupled with injustice to which he might otherwise be subjected
in the course of the operation necessary to the prosecution of his
pursuit or his defence.
28
Eventual hardship
to bondsmen
In so doing the person by whom the accommodation
is afforded to one or other of the parties at least and perhaps to both
subjects himself of necessity to an eventual and frequently
to several distinct and contiguous hardships for the
purpose no other term being admissible for the purpose of liberating
one or other of the a party or the one or the other side of the suit from an
otherwise inevitable present advantage
29
Bail under English
practice
Thus in actual English technical practice the two persons
who under the aggregate appellation of Bail are admitted to
render to a party defendant the service which consists in
causing him to be liberated from an imprisonment of indefinite
duration to which the rigour of the courts of procedure
would otherwise subject him are not admitted to the performance
of this beneficial service but after condition of
eventually either reconsigning him to that afflictive situation
or discharging the obligation in favour of the pursuer the obligation
to which by the suit subject him to what were the object of the
suit.
Identifier: | JB/052/206/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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