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27 April 1805
Evidence
The occasions, it Various (it has been seen) as well as numerous
are the cases, occasions in which the service the ultimate service, thus done from the Judge, the service
from which the prediction of the law in that behalf receives
its fulfilment consists, as above, in the conferring on the demandant
the compleat a perfect right which, in virtue of a correspondent imperfect right the demand, to have thus conferred upon
him, and thus converting compleating his inchoate into a consummate
right. In these cases the service thus rendered to the demandant
by the Judge, by or in consequence of his decision to that effect
may be termed a service of collation – a service which
consists in the judicial collation of a right or mass of rights.
But there are other occasions Nor yet are other occasions wanting in which, to be for the fulfillment
of the prediction delivered by the substantive law in that behalf,
a service of collation will not suffice is not applicable or can not be employed.
Inflicting on the defendant corporal punishment of any kind,
causing him to be whipped, confined kept in a place of confinement for a certain length of time, exposed to public view in an
ignominious plight, demolishing a building to the prejudice of the demandant which he
has erected on ground belonging to the demandant, turning back
into its pristine course a stream of water, which to the prejudice of the demandant
he had had diverted turned in upon ground belonging
to the demandant, all these are acts, by which in what degree
soever they may be serviceable, no new right is conferred in anybody.
A judicial service of this description may be distinguished
by the name of a service of execution – a service of
physical execution.
Identifier: | JB/058/061/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-04-27 |
11-12 |
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058 |
evidence |
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061 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c1 / e10 |
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jeremy bentham |
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18730 |
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