JB/058/290/001

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3 March 1805
Evidence

Note (a)

As to the partial expedients, they are not only constructed upon
a bad plan – but even accordingly to the bad plan, badly executed.

The affidavit for holding to bail may serve as a sample of
the rest. It requires much more candour than is consistent with
wisdom to suppose, that the lawyer by whom it was contrived had
it really in his wish to carry the remedy an hairs breadth further
that it was possible for him to avoid carrying it.

The debt must indeed be sworn to: but nothing like a negative is
required to be put upon the existence of a set off; so that in the
case of mutual claims, the debtor upon the bailman has it as much in his power to vex employ this coercion for his creditor in this way, as the creditor to
seek a necessary security against his debtor.

The coercion, if justifiable, is so in no other supposition
than that of its being necessary to prevent the removal of the
defendant in conseq through the apprehension of insolvency out of the reach of law justice. But no declarable amount on
the part of the creditor is required, professing so much as the
least apprehension suspicion on his part that any such deficiency is to
be apprehended.

The consequence is the It is for want of regulations amendments thus
obvious – thus plainly indicated by every days experience, that this
power continues to be exe employed in the as an instrument
of oppression under the eyes of those, to whom oppression
in every shape, if they the routine of language is to be believed,
is the object of continual and unassignable and implacable abhorrence.

Identifier: | JB/058/290/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1804-03-03	Marginal Summary Numbering	[[marginal_summary_numbering::6 or […?] a]]
Box	058	Main Headings	evidence
Folio number	290	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18959
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