JB/052/535/001

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18245 Decr Jany 14 March 19 22
Procedure Code

C + 12
Ch. IX
(3 §. 4 Countersecurity
Species employable
Rules

1. Prefer compensation — apposed as to none do
2. Efficiency sufficient. definitely prefer least to most afflictive: eventual to actual
3. In so far as consented to employ counter with less reason than preliminary
4. With a view to afflictiveness have regard to the pecuniary and other
circumstances of the parties on both sides.

Another consideration is— that the case in which the demand
for such variation from the usual practice as has place
will naturally be extremely rare: and the more rare it is
will be seen to be, the less is the apprehension by which persons
having just claim might otherwise be by the prospect of the imprisonment otherwise be deterred
from becoming applicants

Rule 2. Minimize the evil thus produced

1. Of all the any such of security as that promises to be eff equally
effectual to the purpose of the applicant, employ that one or those
which promises to be less least sizeable to him in his own time promises
to be least vexatious.

2. If in a pecuniary sum he appears to be adequately responsible
— adequality to the purpose of affording compensation
to the defendant if the right be on his side prefer employ this mode of
security in preference to any other

3. Especially if it be in his power to afford in addition to
this direct collateral security by means of Bondsman even
more to the amount in question regarded as necessary

6
Art. 6. In choosing the
species of countersecurity
the Judge will have
regard to the following
rules.

Rule 1. A shape species
by means of which, compensation
may eventually
be afforded to the Defendant
prefer, so far as it goes,
to any by which any such
satisfaction can be made
to be afforded Hence

7
Art. 7. Rule 2. Give to the
security the pecuniary
or quasi pecuniary shape
in so far as sufficient according to the amount
of it, in the preference to every
other.

Reason 1. By the burthen
of compensation punish
the effect of punishment,
according to the amount
of it is produced; whereas
by unproductive barren punishment,
no such effect
as that of compensation
is produced.

2. As to the vindicative
satisfaction in a vindicative
shape this would equally be
produced by compensation
to the same amount.

8
Art. 8. Rule 3.
In so far as sufficient,
prefer the least
afflictive shape: eventual
accordingly and
if eventually comparable
to actually imposed, as
above.

9
Art. 9. Rule 4. In so far as consented
to, employ countersecurity with less
reserve, than the preliminary security.

Reason. The individual is the best most
competent judge of all the degree of the afflictiveness
in his own instance, if the
burthen be too afflictive, he will not
subject himself to it.

10
Art. 10. Rule 5. With a view to
degree of afflictiveness, more of
the difference between the situation of the two parties, in
respect of pecuniary, quasi pecuniary,
and other circumstances.

Identifier: | JB/052/535/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-01-14	Marginal Summary Numbering	6-10
Box	052	Main Headings	procedure code
Folio number	535	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17208
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