JB/058/041/001

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21 May 1805
Evidence

in a purely penal or a mixt suit the burthensomeness of the
operations necessary to secure the forthcomingness and justiciability on the part of the
defendant will be greater than in a purely non-penal suit.
It is in the character of a general proposition the observation is true:
but whatever truth belongs to it, does not belong to attach upon it till after it
has undergone large exceptions.

In height the scale of burthensomeness extends much further in
the case of a penal, than in the case of a non-penal suit.
By the unfavourable event of a non-penal suit the defendant can not
be subjected to any burthen beyond greater than that of parting with a mass portion of the
matter of wealth;(a) (a) Quere as to condition in life? or something by the unfavourable termination of
a suit of the purely penal or mixt kind he may be subjected to
a burthen of any conceivable weight up to loss of life, accompanied
with the utmost degree of bodily affliction that human nature
is capable of enduring, according to the nature of the lit of punishments
provided by the penal code of the State in which the suit happens
to be introduced.

In depth the scale of burthensomeness may extend and commonly
does extend as far in the case of a purely penal or mixt as in the
case of a purely non-penal suit. A fine to a greater amount
than a shilling, a portion only of the value of a day's labour of an
ordinary hand, is a punishment the amount of a burthen not infrequently imposed under the
name of punishment, in English judicature.

Identifier: | JB/058/041/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-21	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	041	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
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18710
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