JB/052/501/001

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1824. Decr. 1
Procedure Code

9 1o
Ch. Means of execution
9 §.2. Analytic sketch.

Agency
Positive or negative
Outlawry

Art. For giving execution and effect to his decrees
a Judge may operate either in the way of positive or
in the way of negative agency: positive, as in the ordinary
way; negative by withholding of judicial services:
services which but for the offence committed by non-compliance
would be due.

In English practice Under the name of outlawry this mode of operation
is an ordinary one. But in this case it is indiscriminate
applying it to all judicial service, and thereby
directing the prisoners delinquent of all rights without
exception: or at any rate without very proposed and
deliberate exception. It is moreover lumped conjoined and lumped
with positive agency, the property of the outlaw being judicially prehensible
and in judicially vendible.

Moreover the evidence on which it is founded is
that sort of evidence which in its nature can not but tend
to false results: and in which if justice were the object no
judgment would ever be grounded. F In this as in case as
in all others it takes non-compliance as conclusive
evidence of contempt delinquency in the shape of contempt
of the authority of the judicatory: whereas it
may as easily be and is perhaps as frequently is the
result of inability to [exhibit] return such compliance.

Identifier: | JB/052/501/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-12-01	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	501	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e9
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17174
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