JB/057/078/001

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2 June 1804 11

Evidence Procedure

(2 Ch. Justiciability
Rules

Practical Rules
Rules 4
4 Make the security in
each case sufficient, or
at least the most efficient

§§ Practical Rules [with reasons.]

Rule 4 On each occasion The means securities for justiciability, should be if not sufficient, at the most
any rate the most efficient of any that can be employed, it being at the same time necessary, for the securing on the part
of the intended justiciable the rendering of the service, whatever it be
how onerous soever, the extraction of which is the ends in view
and object of the suit.

5
5. Never more burthensome
beyond necessity.

Rule 5. It ought not on any occasion to be of a more burthensome
nature,than it is necessary it should be, to secure the production accomplishment
of that end. of that effect

6
6 Where the ultimate
infliction is corporal
and to a certain degree
afflictive, the security
can not be less the
corporal in the first
instance,
into real or fide justicial

Rule 6 In all cases where the service in question is of that sort
which consists in the suffering punishment, and that punishment is
of the corporal, kind, the security exacted, to be effectual can not in the first instance be
other than corporal i.e. incarceration, constituted by the arrestation
and commitment of the justiciable, or in preceded by
adduction to the seat of judicature, but, on examination commutable by him, according
to his discretion, as below.

4 7
4 7. commutable
after adduction into
real or fide-justorial
by the Judge

Rule 7th. Where, for the securing of his justiciability, are intended
justiciable is adduced, to the seat of judicature, it will then rest
with the Judge, either to committ him to prison for safe-custody,
or to suffer him to commute for his justiciability in that form, by finding any
such other security, real or fide-justorial as may appear sufficient
for the purpose.

8
8. Considerenda in
fixing the quantum of
non-corporal security.
1. The utmost magnitude
of the ultimate infliction
2. the probability of it

Rule 8. In the choice fixation of the nature and quantum of such collateral-corporal non-personal
the Judge will be to be guided, partly by the consideration
of the utmost sacrifice most burthensome obligation which either in the way of pecuniary punishment
or satisfaction or in the way of corporal punishment it
can be incumbent on him to submitt to, partly upon the probability
of his being called upon to submitt to it.

Identifier: | JB/057/078/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-02	Marginal Summary Numbering	4-8
Box	057	Main Headings	evidence; procedure code
Folio number	078	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles	practical rules
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d11 / e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18408
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