JB/067/104/001

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1828. May 1.
Law Amendment on Penal Code 5

The factitious cause is the inaccessibility
of the Judicial system on the part of the
individual in question: ulterior causes, want
of a sufficiently near Justice Chamber, and the
factitious burthen of delay, vexation and expense.

One very simple remedy there is
whereby the imputation of negligence may be
effectually excluded, as likewise the sensation
of disappointment on the part of the wrongdoer
in the event of his being compelled to administer
the appropriate satisfaction. And note that
under the here proposed system of procedure, this
remedy will have place almost of cause.
The wrongee makes his application, stating his case.
So much statement on his part, so much evidence.
He, at the same time, states the ulterior evidence,
which he can not but acknowledge to be requisite
to the completion of the body of evidence.

A debt which remains undemanded, a proper
question will be whether from the silence of the
Creditor, the Debtor had not reason to believe that
it was meant to be remitted. If yes, then to be obliged
to pay the debt would be attended with disappointment:
the not receiving it, not. On this principle,
a few enactments in the Law as between
Debtor and Creditor might perhaps be made
of use.

Besides non-forthcomingness of Evidence,
another cause of non-demand may be, non-knowledge
of the happening of the collative event:
for this purpose, look over the list of collative
events applying to the several rights.

An object of the Legislator will be to make
provisions as far as may be for the notoriety of all
such collative events.

Identifier: | JB/067/104/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-05-01	Marginal Summary Numbering
Box	067	Main Headings	law amendment; penal code
Folio number	104	Info in main headings field	law amendment or penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	21937
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