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28 Decr. 1810
Prize 1805 1809
Many are the individual instances in which the efficiency
of the penalty will depend upon the rule pursued which
in the sort of case in question is pursued in respect of the extraction of evidence. If as in
the Equity practice Courts in on the side the cause of the Defendant to a purpose called a civil purpose the plaintiff
is allowed to extr employ the process of interrogation
is allowed to be employed in the extraction of truth from the bosom of the defendant,
whatsoever be the result so much the better for justice and if moreover instead
of employing on that occasion the epistolary mode of
address to the orals, the oral be employed as in the
Common Law Courts practice, then so it is that the most invariably effectual
means for the giving efficacy to the intended instruments
instruments employed in the restraint of improbity will
then by whatsoever name denominated penalties or
any other will be put to use. But if in the Admiralty
Court as in the Equity Courts the rule be
such that to the extraction of this best of all most trustworthy and most satisfactory evidence it
be made a necessary condition that the penalty be released
a grant of impunity to the wrongdoer be made a necessary
condition, in that case if th such be the practice then in so far as the
instrument of restraint is understood to come under the
denomination of a penalty impunity in every
individual instance in which the evidence of the defendant wrongdoer
transgressor is necessary to conviction is the necessary
consequence.
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Identifier: | JB/547/431/001 "JB/" can not be assigned to a declared number type with value 547.
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1810-12-27 |
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547 |
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431 |
Prize. 1805. 1809 §. 112. 109. 111 |
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Text sheet |
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Jeremy Bentham |
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