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10 June 1804
Procedure
The remedy being thus radically inefficient even where it applies,
the cases to which it does not apply will be scarce worth noting.
Scantiness to a which so far as it applies is – its scantiness can not be urged in the Agents without to
It does not apply has no application to suits purely penal. In those
there are no two parties to reconcile. What In those The remedy in theory
& th the sole remedy necessary is punishment: one party there is who is to bear
it: to reconcile a man to the being hanged, whipped or pilloried or
imprisoned could not have been among the reconciliations expected to be operated
by this Office.
The same observation applies to all mixt compound cases in which
the defendant has more to suffer from the sentence than the plaintiff
has to gain. To the Defendant Plaintiff The Defendant will may be reconciled, to the plff
if he sees less suffering coming to him from the reconciliation
than would have come to him from the sentence. But to the
He will pay £5 in this one case rather than £100 in the
other. But to the being hanged, whipped, pilloried or imprisoned
the difficulty of reconciling hence will not be less in this case than
in the other.
Of this however enough already, if not too much. The
imputation of Applied to a remedy the scantiness is indeed one objection, as in as
far as the scanty remedy stands opposed to comes in competition with a broader – but
forms no object to it at all, is opposed to the it objection does the scantiest remedy is infinitely better than the negation of all other
remedy.
Identifier: | JB/058/050/001 "JB/" can not be assigned to a declared number type with value 58.
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