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[1][RB] INSOLVENCY TORTIOUS. INSOLVENCY —
A very wise System of regulations is said to be established in Holland, the particular construction
of which if it be attended really have the success in compassing these ends that is attrib attributed
to it, deserves very well to be studied with a view to its adoption with such alt alteration
as may be adapted necessary to adapt to the in our own judicial forms of our own country.
Court composed of a Judge and 3
Assessors. One from Merchants of the rank of
Special Jurymen &c one from
divisions that of common Jurymen.
The Judge to have a casting vote.
The Judge for general sagacity.
Special Jurymen for particular
sagacity — Common Jurymen for
acceptance — or the greatest respective number
may be of that mark of which the
culprit trader is —
Natural mensuration—
Power of the doubling the Court
upon great occasions.
Power of making orders in a Court
to be confirmed by the 12 Judges
which orders to have the force of Law
as this is a new business, they will have
at first to work their way in the
dark and regulations will be suggested
by the incidents that arise.
Their office to pronounce whether
the insolvent became so through
fault or thro' misfortune only. If thro
misfortune only it may as well
fall upon the innocent creditors
upon the prisoner's equally innocent
Friends, or rather, since the Creditors
of the Tradesman have had their chance of gaining
which the others have not.
If through misfortune only, he might
be discharged upon payment surrender of
his all with a protection to be granted
him for a time renewable if there it be
be thought reasonable.
As a farther expedient for clearing
the Gaols in some degree, a debtor
pronounced culpable after whose deliverance from by friends
no probability could be shewn, might
after suffering one half a years imprisonment
(as the least time) for 5 £ or under, for example and a
days for by every three pence owing
by him beside, be peradmitted [ if of a proper age] to enlist
in the Land or Sea Services
(if not in it already) and the Bounty
money be divided amongst his
Creditors.
Nor does this appear to fall short
of being a sufficient discouragement
to from contradicting debts in contemplation
of insolvency: for as it
seems hardly presumable that any
one even intending (from the first) to enlist
himself, would think willingly undergo
a confinement of 6 months for 5£
much less is it, that anyone having
no such intentions, would for the
same consideration submitt himself
to such a confinement, for that time, with that obligation
into the bargain.
I lay no stop on the specific Sum
which every one sees may admitt of
a considerable latitude.
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Identifier: | JB/070/279/002 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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279 |
insolvency tortious |
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002 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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