JB/057/062/001

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31 May 1804

Evidence Procedure

Ch. Justiciaby Eng. Law
Outlawry
(4

9
The principle of the pretended
remedy being those adverse
to justice, the
mode in which it is practised
amounts to nothing
but licensed depredation.

The principle of the remedy the pretended remedy being of this
cast, it will be not an operation not uninstructive, to follow it
a little further, and view it in the details of the operations by which
the application is made, or rather pretended to be made, of it.

That justice in this case may be done to the plff it is necessary
that the defendant be put into this disadvantageous and coercive
condition: that justice may done to the defendant, it is necessary
that when he has complied satisfied with the demands of justice, he should
be contained in it no longer. In the plan actually pursued
these two persons — the plff and defendant — the only person creditor
and the debtor — the persons to whom alone whatever service can be
rendered by the Judge is due are the last persons for whom any
thing is to be done: before them come stand a set of licensed depredators
in countless multitudes, a never ending line who fasten upon the property and
divide it amongst themselves. share it with one another

10
Sample a
of the proceedings from
the worst declamatory of
Deft Outlawry to the commencement
of Plff's
immediate right to satisfaction
out of the Assets —
being but 1/3 of the whole
procedure.

A compleat explanation or even so much as enumeration of the proceedings
that take place carried on on this occasion on pretence of justice would be
too tedious to be readable endurable, even in a note: for, here as elsewhere, the
encreases the abuse, the better more effectually secured against correction,
because the more effectually repulsive to the every inspecting eye.

I spare the reader the detail of the proceedings necessary to be steps necessary to be taken
carried on between the point of time at which the future
has taken place by which the defendant has encreased the pains of
outlawry, and the point of time at which the instrument declara writ (the writ of ultagation) by which
he is declared to have incurred them, issues to the ministerial executive officer
the Sheriff. [+] [+] As little will I attempt
to give any detailed view
of the steps conditions on
which the reversal of the
outlawry where it is reversed
depend — of the steps
that must be taken or may
be to be taken before the
can be removed taken off
from the defendant's neck
and his property, should
any thing remain of it, be restored to him, find its way back into his hands. The task of /burthen upon the reader shall be confined to I tax him at no more than the reading the continuation
of the history from that point of time at which if, in satisfaction
for the debt there could be any money left for the injured plaintiff he his would
have an immediate right to it. immediate right to it would commence. From what is that part of the abuse his brought forward
some conception may be formed if not of the nature, at least of the magnitude
of that which is kept back: from the one part here given out of three, some calculation
may be found of the dimensions of the other two.

Add the passage from Pidd
p.135

Identifier: | JB/057/062/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05-31	Marginal Summary Numbering	9-10
Box	057	Main Headings	evidence; procedure code
Folio number	062	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18392
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