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<!-- date, heading and marginal summaries in pencil --> <p>7 June 1804 13</p> <head>Procedure</head> <p><note><sic> Ch. Justiciability</sic></note></p> <p> (4 <note> <sic>Ch.</sic> Rules</note></p> <p><note> <del>8</del> 11<lb/> 8. Discretion to Superior<lb/> Judge<lb/> 1. for augmentation of<lb/> security —<lb/> 2. for diminution of<lb/>vexation</note></p> <p>Rule 11. In case of commutation of corporal security by a superior judicature,<lb/> the utmost latitude of discretion should <add>might</add> be allowed to the<lb/> Judge, for the augmentation of the security on the one hand,<lb/>for the diminution of the vexation, on the other.</p> <p><note><del>9</del> 12<lb/> 9. For security power<lb/> to increase the sum<lb/>pledged, and the number<lb/> of <foreign>fide justeris ad<lb/> libitum</foreign> — rather than<lb/> refuse</note></p> <p>Rule 12. For augmentation of the security, he should be warranted<lb/> increasing the <del>fun</del> amount <add>value</add> of the money or other property staked <add>pledged</add> <lb/> as likewise the number of bail or <gap/> at pleasure.<lb/> <del><gap/></del> No fear of his abusing the <add>such</add> power for the purpose of vexation,<lb/>since the utmost excess could amount to no more than a refusal<lb/> which by supposition, he has authority to apply, without any<lb/> such anxiety or pretence.</p> <p><note> <del>10</del> 13<lb/> 10 — Against vexation<lb/> choice of the prison to<lb/>the prisoner so it <lb/> be safe.</note></p> <p>Rule 13. For <del><gap/></del> diminution of the vexation, he should be warranted<lb/> in giving to the defendant <add> <del>justifi</del> such <sic>justiciable</sic> </add> the choice of <add>to have</add> the place of confinement,<lb/> <del>so that</del> <add> to the choice of the prisoner</add> provided only that the place chosen be sufficiently<lb/> secure.</p> <p><note> 14<lb/> 11. In case of bail,<lb/> form of the property<lb/>pledged by him to <gap/><lb/> their conveniences</note></p> <!-- pencil bracket in right hand margin around this section --><p>Rule 14. Moreover, whenever real security is accepted, whether<lb/> on the part of the principal or the part of the bail, <add>that</add> to<lb/><del>diminish</del> the vexation <del>to <hi rend="underline">them</hi></del> on their part may be diminished<lb/> as far as is consistent with security, the property accepted in<lb/> pledge should be in whatever form they have it to pledge — whether<lb/> <add>what</add> money property in <sic>immoveables,</sic> manufacturing and trading <gap/> <add>stock in trade or manufacture</add></p> | <!-- date, heading and marginal summaries in pencil --> <p>7 June 1804 13</p> <head>Procedure</head> <p><note><sic> Ch. Justiciability</sic></note></p> <p> (4 <note> <sic>Ch.</sic> Rules</note></p> <p><note> <del>8</del> 11<lb/> 8. Discretion to Superior<lb/> Judge<lb/> 1. for augmentation of<lb/> security —<lb/> 2. for diminution of<lb/>vexation</note></p> <p>Rule 11. In case of commutation of corporal security by a superior judicature,<lb/> the utmost latitude of discretion should <add>might</add> be allowed to the<lb/> Judge, for the augmentation of the security on the one hand,<lb/>for the diminution of the vexation, on the other.</p> <p><note><del>9</del> 12<lb/> 9. For security power<lb/> to increase the sum<lb/>pledged, and the number<lb/> of <foreign>fide justeris ad<lb/> libitum</foreign> — rather than<lb/> refuse</note></p> <p>Rule 12. For augmentation of the security, he should be warranted<lb/> increasing the <del>fun</del> amount <add>value</add> of the money or other property staked <add>pledged</add> <lb/> as likewise the number of bail or <gap/> at pleasure.<lb/> <del><gap/></del> No fear of his abusing the <add>such</add> power for the purpose of vexation,<lb/>since the utmost excess could amount to no more than a refusal<lb/> which by supposition, he has authority to apply, without any<lb/> such anxiety or pretence.</p> <p><note> <del>10</del> 13<lb/> 10 — Against vexation<lb/> choice of the prison to<lb/>the prisoner so it <lb/> be safe.</note></p> <p>Rule 13. For <del><gap/></del> diminution of the vexation, he should be warranted<lb/> in giving to the defendant <add> <del>justifi</del> such <sic>justiciable</sic> </add> the choice of <add>to have</add> the place of confinement,<lb/> <del>so that</del> <add> to the choice of the prisoner</add> provided only that the place chosen be sufficiently<lb/> secure.</p> <p><note> 14<lb/> 11. In case of bail,<lb/> form of the property<lb/>pledged by him to <gap/><lb/> their conveniences</note></p> <!-- pencil bracket in right hand margin around this section --><p>Rule 14. Moreover, whenever real security is accepted, whether<lb/> on the part of the principal or the part of the bail, <add>that</add> to<lb/><del>diminish</del> the vexation <del>to <hi rend="underline">them</hi></del> on their part may be diminished<lb/> as far as is consistent with security, the property accepted in<lb/> pledge should be in whatever form they have it to pledge — whether<lb/> <add>what</add> money property in <sic>immoveables,</sic> manufacturing and trading <gap/> <add>stock in trade or manufacture</add> <lb/> | ||
and so on </p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
7 June 1804 13
Procedure
Ch. Justiciability
(4 Ch. Rules
8 11
8. Discretion to Superior
Judge
1. for augmentation of
security —
2. for diminution of
vexation
Rule 11. In case of commutation of corporal security by a superior judicature,
the utmost latitude of discretion should might be allowed to the
Judge, for the augmentation of the security on the one hand,
for the diminution of the vexation, on the other.
9 12
9. For security power
to increase the sum
pledged, and the number
of fide justeris ad
libitum — rather than
refuse
Rule 12. For augmentation of the security, he should be warranted
increasing the fun amount value of the money or other property staked pledged
as likewise the number of bail or at pleasure.
No fear of his abusing the such power for the purpose of vexation,
since the utmost excess could amount to no more than a refusal
which by supposition, he has authority to apply, without any
such anxiety or pretence.
10 13
10 — Against vexation
choice of the prison to
the prisoner so it
be safe.
Rule 13. For diminution of the vexation, he should be warranted
in giving to the defendant justifi such justiciable the choice of to have the place of confinement,
so that to the choice of the prisoner provided only that the place chosen be sufficiently
secure.
14
11. In case of bail,
form of the property
pledged by him to
their conveniences
Rule 14. Moreover, whenever real security is accepted, whether
on the part of the principal or the part of the bail, that to
diminish the vexation to them on their part may be diminished
as far as is consistent with security, the property accepted in
pledge should be in whatever form they have it to pledge — whether
what money property in immoveables, manufacturing and trading stock in trade or manufacture
and so on
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Identifier: | JB/057/080/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-06-07 |
11-14 |
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057 |
evidence; procedure code |
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080 |
procedure |
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001 |
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text sheet |
1 |
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recto |
d13 / e4 |
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jeremy bentham |
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18410 |
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