JB/057/081/001

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2 June 1804 Evidence

Rule 15 Wheresoever vicarious pecuniary security, i.e. fidejustorial 15
8. Wherever fide justorial
security is accepted, so
ought real to the same
amount
security - the security afforded by a penalty payable by
the fidejustorbad in the event of the term justiciablity of the intended justiciable,
is accepted, realproper security, in the shape of real pecuniary
or other real security to the same amount ought to be
accepted in lieu of it thereof, at the instance of the intended
justiciable +. + This not suffered in penal
or -Law

Rule 16 16 Care ought however to be taken, that in that case 9 16
9. If real, take care
that it be a mans
own - free to be subjected
to that obligation,
not pre-occupied by
another.
the real security proposed by him to be deposited should not be
are compleatly his own, were such as it would be in his power
to forfeit - not one article or mass of property on which another
party has claims, and which in respect of such claims may be
incapable of being rendered subject to forfeiture, in such manner
as to afford the securityanswer the purpose of affording professed to be given as aforesaid.

Rule 16 17 Where the service required at the hands intended of the justiciable 16 17
10. To corporal infliction
no security but corporal
in homogeneous: yet may
be accepted if sufficient.
is the submitting to corporal punishment, security other than
corporal, real security is not the sort of security congenialhomogeneous with respect to the service:
but if there be a in sufficient quantity, it may be capable of sufficient of it to answer the purpose, it not as
written answering the purpose, and in that respect ought not to be
refused

Rule 168 Where the service required at the hands of the intended justiciable 1618
Where nottransferable property &
the thing in demand, take not corporal
security, but in default
of real.
consists in is the payment of money or delivery of a portion of the matter of
wealth in every nay other form to constitute, for the benefit of an
individual enlisted be it in the of injury or otherwise, a correspondent
portion of the matter of satisfaction, corporal security as not of itself
of - nature congenial homogeneous to the service - it ought not to be accepted [+] Where property is the
thing wanted for the purpose
of justice and property is
to be had, never take
a mans body, an unprofitable
body in its stead.
of, but in default of real security, proper or vicarious, nor for any
longer time than untill such congenialhomogeneous security. [+] Get the body as a
means of getting the property, keep it so long as it presents a prospect of ing
the forth property forthcoming, but unless it be for the purpose of punishment, not
a moment longer.

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Identifier: | JB/057/081/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-02	Marginal Summary Numbering	15-18
Box	057	Main Headings	evidence; procedure code
Folio number	081	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14 / e5
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18411
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