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21 Nov <unclear>1802</unclear> <note>4</note>
<head>Procedure - Ends</head> <note>Apparent</note>


''This Page Has Not Been Transcribed Yet''
 
<p>21 Nov 1802</p> <note>4</note>
<head>Procedure &#x2014; Ends</head> <note>Apparent</note>
<p>Suppose on the other hand the party accused<lb/>
is really guilty of the <unclear> offence a </unclear>  decision is given<lb/>
pronouncing him so &amp; he suffers accordingly:<lb/>
the decision is <del>by the</del> in this came/case by the wrong/very<lb/>
supposition conformable to real justice but<lb/>
if it be unconformable to apparent justice<lb/>
in other words if according to universal persuasion<lb/>
the man is <del>believed</del> looked upon as <lb/>
not guilty a mischief of the second order &amp;<lb/>
produced a alarm &amp; that alarm by the<lb/>
supposition is as strong as if the party <del><gap/></del><lb/>
thus looked upon as innocent had been so in
<sic>reallity</sic>.&#x2014;</p>
 
<p>In the same <add>way</add> <del><gap/></del> <foreign>mutatis mutandis</foreign><lb/>
the distinction between real and apparent<lb/>
justice may be applied to the civil or say non<lb/>
penal branch or procedure. The <del>distinct</del> distinction<lb/>
being thus explained &amp; <unclear>shown</unclear> to be<lb/>
conceivable it remains now <del><unclear>to them the view of</unclear></del><lb/>
<del>it</del> to bring to view by way of example a case<lb/>
or a few cases in which it is realized and<lb/>
from <gap/> to <unclear>show what</unclear> however <unclear>will/evils</unclear> appear<lb/>
pretty clearly without much <unclear>shewing</unclear> the importance<lb/>
&amp; utility of this distinction in practice.&#x2014;
</p>
<p>When having been prosecuted a man who<lb/>
in the general estimation of the public appears to<lb/>
have been guilty is acquitted by the observation of<lb/>
such acquittal such impunity <unclear>as in that can is</unclear><lb/>
said to be <del>man</del> manifested by it a mischief<lb/>
of the second order an alarm at any rate is produced<lb/>
</p>
 
 






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21 Nov 1802

4

Procedure — Ends Apparent

Suppose on the other hand the party accused
is really guilty of the offence a decision is given
pronouncing him so & he suffers accordingly:
the decision is by the in this came/case by the wrong/very
supposition conformable to real justice but
if it be unconformable to apparent justice
in other words if according to universal persuasion
the man is believed looked upon as
not guilty a mischief of the second order &
produced a alarm & that alarm by the
supposition is as strong as if the party
thus looked upon as innocent had been so in reallity.—

In the same way mutatis mutandis
the distinction between real and apparent
justice may be applied to the civil or say non
penal branch or procedure. The distinct distinction
being thus explained & shown to be
conceivable it remains now to them the view of
it to bring to view by way of example a case
or a few cases in which it is realized and
from to show what however will/evils appear
pretty clearly without much shewing the importance
& utility of this distinction in practice.—

When having been prosecuted a man who
in the general estimation of the public appears to
have been guilty is acquitted by the observation of
such acquittal such impunity as in that can is
said to be man manifested by it a mischief
of the second order an alarm at any rate is produced





Identifier: | JB/052/004/001"JB/" can not be assigned to a declared number type with value 52.

Date_1

1802-11-21

Marginal Summary Numbering

Box

052

Main Headings

procedure code

Folio number

004

Info in main headings field

procedure - ends

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d4

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

16677

Box Contents

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