JB/052/543/001

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1825. March 2
Procedure Code

IV
Ch.
(3) §.

8
Elements on the one
side expected profits
of the offence on the other
loss by suffering to which
he would expose himself
by the offence

This quantity is again a compound one: its
elements on the one side of the account the profit of the wrong expectable from the offence; misdeed
on the other side the loss by the suffering to which
by the commission of it he will it will appear to him
that he will expose himself.

9
Countersecurity two
branches 1 evil attached
to general demand 2
do to special demand

Here then comes in the consideration of the countersecurity
exigible.

In this countersecurity may again be distinguished
two branches: one composed of the evil which the law
may have attached to the general demand of the ultimate service in question
in the event of its proving groundless: the other of the
evil attached by it to the any special demand made
of the individual service consisting in the exaction of the
security for compli the Defendants compliance or equivalent or what
sufferance is equivalent to it.

10
Responsibility of
general demand attaches
to pursuer — of special
be demand to pursuer
or to extraneous
witnesses.

The person to whom responsibility attached to the general demand
on the supposition of its proving ungrounded will of course attaches to the
pursuer. But a person to whom the responsibility attached
to the special demand of the extra security attaches
may either be the pursuer or an extraneous witness: for
the question as to whether the ultimate service demanded
is due and the question whether the precautionary security
antecedent to adequate full proof is necessary are two perfectly
distinct questions: Whom the set of facts to which they respectively
relate there may be any connection whatsoever.

Identifier: | JB/052/543/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-02	Marginal Summary Numbering	8-10
Box	052	Main Headings	procedure code
Folio number	543	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17216
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