JB/052/551/001

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1825. Jany 18
Procedure Constitutional Code

11
III
Ch IX groundless
2 §. Countersecurity
Its efficacy probable

The course of the Judge is then to be opposite
evils danger like that of the mover between two : 1. danger of having
in the situation of the applicant an injured man without redress:
2 danger of for want of taking the measures necessary to secure
forthcomingness in respect of person and property on the part of the defendant forthcomingness for the
purpose of giving execution and effect to the law.

2. danger of oppression to the defendant by vexation in the
shape of imprisonment, loss of property and what is a
or evil in any such other shape as th by the value of the law
it may happen to him to stand exposed to.

Between these two dangers how then shall his course be
guided?

22
If applicant offers
himself for imprisonment
evil of acceptance
likely to be small.

The first observation that presents itself if = that in the
case of the applicants offering himself to be imprisoned, the imprisonment the
probability of ulterior evil as in case of acceptance extremely
small. The probable case is that in his opinion
the justice of his claim is indubitable: and if so, the extent
that by the accusation of the defendant this appears to be the
case, the imprisonment will be at an end.

23
This a case for appropriate
warning

True it is that as before observed the claim put in
by him may be an unquestionably well grounded one, yet still
if this be the course pursued for the purpose of giving effect to it,
evil to the defendant and to an and else
may be the result. How then can the case, when
the appropriate warning will be given to him by the Judge
"Speak the truth tell me us whether the act of power you call upon me the situation of the defendant be at
"to exercise would not, to the defendant, be productive of execution
"in such a justice shape ( ) for take notice that if it
"would your demand would will not be granted, and moreover you may
"be made effectually responsible to him to the amount of an equal
"value for the vexation thus imposed on him at your instance.

Identifier: | JB/052/551/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-01-18	Marginal Summary Numbering	22-23
Box	052	Main Headings	procedure code
Folio number	551	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
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	17224
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