JB/052/526/001

Click Here To Edit

1826. Septr. 4
Procedure Code

1
Ch. Auxiliary Friendly Procedure
English practice

(1)
Auxiliary Bondsmen — Self-obligation — eventual Satisfactivists
§. English Practice

10
In English prope practice,
no security from
property

English practice. On this head, as on
every other, widely different will be seen to be the
state of English practice. Ordinary subject matters
of the power exercised by provisional or instrumental
execution, property and person. Property in
general the more suitable and eligible, that being
in most cases the principal object person operated
upon no otherwise than as instrumentary
for the purpose of coming at property, the intrinsically
valuable and more appropriate object. In this initial
stage of procedure, no faculty is allowed of operating
upon property. On the other hand, on person
such is the facility appended for operating, that within
the memory of man, any man might, on pretence
of giving commencement to a suit for a longer or
a shorter time as it might happen, deprive any
man whatsoever of his liberty, without having or
so much as fancying or pretending to fancy that
he had any right to do so. Against wrong by abuse,
made of this unbounded power, no security afforded
beforehand, no remedy by compensation afterwards.
At one time indeed, something in the way of security
was provided: witness the clause si fecerit de te
securum, with which the order to the Sheriff, authorizing
and commanding him to exercise this afflictive
power at one time commenced. But
by this clause, of which originally some sense of
shame had produced the insertion, a certain limit
was applied to abuse. But by limit thus applied
to abuse, limit was applied to profit, and
no such limit could judicial capacity endure.

Identifier: | JB/052/526/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-09-04	Marginal Summary Numbering	10
Box	052	Main Headings	procedure code
Folio number	526	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17199
Box Contents