★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
8 May 1805
Evidence
2. Imprisonment (provisional) for the purpose of securing
actual justiciability and personal forthcomingness. This branch
of the juridical vexation is of course in general confined to the person station of Defendant, and in that station to those suits
for the purpose of which such coercive means of assurances are regarded
as indispensable.
In some cases, in the view of diminishing the vexation, an
engagement is accepted on the part of third persons, who, through friendship
to the defendant, are content to subject themselves to a pecuniary
loss in the event of his failing to become personally
forthcoming or otherwise in some other way actually justiciable, at the an
appropriated time. In these cases the personal vexation is
taken off removed from the shoulders of the party, and in the shape of
eventual expense, and present anxiety, transferred upon those of
his friends.
In the English law in which the use of this allusatory expedient is seems more
abundant than in any other established System, such are called
Securities or Bail: the act of procuring persons to subject themselves to this
obligation is called finding Bail: on the part of the Bail the act of undergoing examination for the
purpose of satisfying the Judge of the sufficiency of the security is afforded by them
justifying Bail: and the a defendant who is liberated from
the imprisonment in
consideration of the
vicarious security
thus afforded, is
said to be busted.
Identifier: | JB/058/079/001 "JB/" can not be assigned to a declared number type with value 58.
|
|||
---|---|---|---|
1805-05-08 |
6-7 |
||
058 |
evidence |
||
079 |
evidence |
||
001 |
|||
text sheet |
1 |
||
recto |
e3 |
||
jeremy bentham |
1800 |
||
1800 |
|||
18748 |
|||