JB/070/280/001

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OFFENCES IMPRISONMENT FOR DEBT INSOLVENCY.

The Imprisonment for Debt must can be consider'd either only as a means either of redress, or of
prevention — If the latter considered in the latter view there is a glaring incongruity in annexing a punishment
to this act Insolvency which is oftener as often not blameable than it is as not blameable [exceeding equalling as much that as it is possible
for a punishment of the same kind to exceed] that punishment of the most heinous crimes for
which imprisonment is the penalty denounced.

[Consider'd] in the former, it is a just cause of censure regret that no method should be
taken prescribed, to prevent it's going beyond that purpose, that is being suffer'd in cases where
that purpose can in no wise be attained

These operations of the Law, which
so many have so pressing an Interest
to be apprized of, can no more be
nor made to escape their observation & attention than Burges's army will
lie incognito at Brentford.

The interest of hope which
opens mens cages not of
fear which shuts them
nor prevented from being the
subject of their speculation,
and the foundation of
their conduct

Towards the purpose of compelling compensation, payment the suffering expedient
imprisonment contributes operates in two ways upon two different sorts of
people — 1st upon the Debtor himself — 2dly upon his friends
Now when it has operated upon him so far as to induce him to give
up his all to [get] free himself from it, it has operated upon him all that it can
so long therefore & no longer on this score should it be continued. But what a Debt which a man is unable to discharge
of himself he will often find friends to discharge for him: and such, tho' willing may not
be able to give him the requisite assistance in a sort [& limited] timenor willing, tho' they
should be able to f make an extraordinary effort and pinch themselves for the sake of
him from an situation mishap whose duration of which is short and limited & short. — In short, it is
very plain intelligible that the strength of their efforts to deliver him from that situation, as
consequently the chance of the creditor of being satisfied depending upon those efforts will be great, in
proportion as that uneasiness of that situation is the appears great whether from its' intensity it from its
Judges therefore should have power to set free on delivering up all, except they be
by suggestions of an opposing Creditor verified by Oath, that there is room to think that
the Debtor has friends h who would do something for him rather than he should
any longer

This would operation has committed to the Judge has nothing formidable and it, once the worse
that could happen from it to the prisoner would be the being left in that situation in which
he is plunged now without the this chance of extracting himself being extractedfrom it.

On Execution for Damages given on
Torts, Analogy with the subsisting System
will still better justify the discharging
of a prisoner after a confinement of
limited duration: when the duration of
it is always limited when inflicted for
Torts of a much higher kind.

INSOLVENCY [BR][2]

Identifier: | JB/070/280/001 "JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	280	Info in main headings field	offences insolvency
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23395
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