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3 Jany 1811
and this, in which the applicant is in mala fide, is the case
which naturally is the case most frequently exemplified,
2. It may be that a person not being entitled to any such
money as that claimed, and knowing himself not to be entitled
gives in authority addresses himself to another person pretending
to be so entitled, and in that supposition gives him an
authority which other person giving credit to such assertion and
being really imposed upon by deceived by it, and being all along himself in bonâ fide,
accepts from him the imposter such authority, as were the improper really
entitled, would constitute have constituted in his favour a just title to the
money thing claimed.
In this case the security provided against falshood
will depend in a considerable degree depend upon the instruments
being penned of penning of the sort of instrument by which the
sort of authority in question is meant to be conveyed. The
object to be aimed at is that the statement made of the
claimants title shall be to such a degree as clear and pointed, that it shall
not be left probable that no probability shall be left that if
in any essential particular false the person by whose signature
the assertion is recognised as and for his should not have been
conscious of the falsity.
In this case For a pledge of his sincerity the sanction of an oath
is no less applicable than in the case where the applicant is
the claimant himself. The only difference is that in this latter
case the place at which the application is made is a place
at which a person authorized to administer the oath, is
seen to be present: whereas in the other case; another person
such as a Justice of Peace – the Minister – Parish must
be upon, and by – in due of him have
received authority for that purpose.
Identifier: | JB/547/344/001 "JB/" can not be assigned to a declared number type with value 547.
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1811-01-03 |
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547 |
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344 |
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001 |
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Text sheet |
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Jeremy Bentham |
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