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3
Ch. Exposition beginning
(3 §.
Art. Of the demand by which commencement is
given to a suit. What in each every case is the object? Answer
In every case to give execution and effect to the corresponding
portion of the Law
Good. But as many as are the different
and so many as are the different forms and proportions in which
they are capable of being applied, and to such the spec
individual wrong or individual right in question require to
be applied, how can the same suff course of procedure
or in any small number of different course of procedure be in itself applicable, or be capable of being made
applicable, to each?
Answer In this way. What they have in common
is this. To each For the Judge to be able to give execution
and effect to the appropriate portion of two whatsoever it may prove that one
to be what is necessary that the means of execution be in his
power be at his disposal — in his possession or at his command.
These are the purse, pr reputation, property, and
in certain respects condition in life of the parties and in particular
the defendant together with any such n miscellaneous valuable right as
it may happen to the party to be in possession of.
But omitting for shortness reputation and condition in
life, supposing the Judge to have within his grasp the purse and
property of the Defendant
life, to that place for placing the purse and property at the Judge's disposal the
means requisite are exactly the same whatsoever may be the
dispute in which by his terminative ultimate decree he may deem it advisable
to make of them: in regard to the case of the purse to keep it in a
confinement for a single day or for the whole of life: or supposes
the law to permitt, to substitute death to life. Thus it is that
the case of the most trifling penny demand, and in the case where the
whole property of the defendant — his present taking during the whole of
his life, or even his life itself is at stake, the means of it
of actual execution — of being in a condition to order and effect
actual execution will be in any case the same.
Identifier: | JB/052/463/001 "JB/" can not be assigned to a declared number type with value 52.
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1826-09-01 |
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jeremy bentham |
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