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1824. Decr. 11
Procedure Code.
Ch. Nomenclature
Synonymous in some part of this their respective imports
synonymous to is accersition accersition to invitation: more particularly
in the sense in which this happened invitation is employed in French.
synonymous It may be employed where the expectation is, or
is meant to be understood to be – that on the part in the breast of the person
accersed, no reluctance to comply with the wish expressed
by it has place.
But as it never can to have form when in the
case in question it comes it never can be known what
the disposition in this respect is on the part in the breast of him to whom
the address is made, it must can not have come from such a source quirk
without being having been accompanied with the eventual intention
of employing to in case of non-compliance the stimulus
of punishment, he being notoriously invested with
the correspondent power, and this as notoriously for that very
purpose. A Coming from a Judge some security therefore
is seen summonative to attend pay attendance at the Justice Chamber say
in one word as the said accersition can not but
carry with it a threat: – a threat of eventual punishment.
Accersition when from a Judge can scarcely be other than comminative.
In this As to the quantum, in this case as in every
other, punishment, to be in all cases, by the means of the prospect
effectual to its purpose, must be in all cases such as, in the
mind of the individual in question to outweigh the profit of
the offence: and this it can not be unless it be at least equal to
so long as in its value it is anything less in value than the punishment
suffering whatever it may from which the person may make his escape
or the enjoyment which he may acquire by non-compliance:
and this whatsoever character situation he is called upon to appear
– whether that of a party Defendant or that of an extraneous witness.
[☞ Note in English Subpoena]
Identifier: | JB/054/060/001 "JB/" can not be assigned to a declared number type with value 54.
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1824-12-11 |
81-83 |
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054 |
procedure code |
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060 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
c19 |
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jeremy bentham |
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17579 |
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