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<!-- date, heading and marginal note in pencil --> <p>21 May 1805</p> <head><del>Evidence</del> Procedure</head> <p><note>Execution<lb/> <sic>Ch.</sic> Execution<lb/>§§</note><lb/>2</p> <p> The case in which the mass of operations expressed <add> indicated</add> by the word<lb/> Execution is most complex, is that in which the order following<lb/> on the <add>decision or< | <!-- date, heading and marginal note in pencil --> <p>21 May 1805</p> <head><del>Evidence</del> Procedure</head> <p><note>Execution<lb/> <sic>Ch.</sic> Execution<lb/>§§</note><lb/>2</p> <p> The case in which the mass of operations expressed <add> indicated</add> by the word<lb/> Execution is most complex, is that in which the order following<lb/> on the <add>decision or</add> <sic>judgment</sic> is an order to raise out of such property<lb/> of any kind as may be forthcoming on the <del><gap/></del> part of the defendant,<lb/> a sum of money: the sum adjudged to be the <sic>demandants'</sic> due.</p> <p>To raise money out of property, is to sell it, eventually at any<lb/> rate, if not in the first instance. This throws upon the minister<lb/> of justice, and in the shape of obligations, all those various<lb/> functions which belong to the several modifications of the <hi rend="underline"><gap/></hi><lb/>branch of trade.</p> <p>Of those obligations, some will be of the same nature and<lb/> description whatever be the nature of the goods — others will be<lb/> subject to variation, according to the particular nature of the goods.</p> <p><del><gap/></del> On this occasion much depends upon the nature of the<lb/> country: upon the degree of advance made in it in respect of<lb/>population and the arts of life.</p> <p>In a populous town, or the neighbourhood of a populous<lb/> town, or even at a considerable distance, if the nature of the <add>roads & other</add> means of<lb/> communication allow of a considerable <sic>afflux</sic> of visitors in the<lb/> character of incomers, the difficulty is comparatively inconsiderable<lb/>Brokers <del>and</del> Auctioneers with their respective customers are at<lb/> hand; <del> the per</del> by the one means or another the property finds its<lb/> value; <add>against</add> oppression, extortion, corruption on the one part, loss and<lb/> speculation on the other <del><gap/></del> a tolerably effectual provision may be<lb/> made.</p> <p> In proportion as a country is more and more thinly peopled,<lb/>the difficulty to the honest officer of justice, the danger to the unfortunate<lb/> suitor and debtor, is proportionally <sic>encreased</sic>. In <unclear>Norway</unclear>, <del>and</del><lb/> Sweden, in many parts of the Russian Empire, in many of the new settled<lb/> <!-- continues along the edge of the page --> districts of America, the difficulty and danger may be extreme.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
21 May 1805
Evidence Procedure
Execution
Ch. Execution
§§
2
The case in which the mass of operations expressed indicated by the word
Execution is most complex, is that in which the order following
on the decision or judgment is an order to raise out of such property
of any kind as may be forthcoming on the part of the defendant,
a sum of money: the sum adjudged to be the demandants' due.
To raise money out of property, is to sell it, eventually at any
rate, if not in the first instance. This throws upon the minister
of justice, and in the shape of obligations, all those various
functions which belong to the several modifications of the
branch of trade.
Of those obligations, some will be of the same nature and
description whatever be the nature of the goods — others will be
subject to variation, according to the particular nature of the goods.
On this occasion much depends upon the nature of the
country: upon the degree of advance made in it in respect of
population and the arts of life.
In a populous town, or the neighbourhood of a populous
town, or even at a considerable distance, if the nature of the roads & other means of
communication allow of a considerable afflux of visitors in the
character of incomers, the difficulty is comparatively inconsiderable
Brokers and Auctioneers with their respective customers are at
hand; the per by the one means or another the property finds its
value; against oppression, extortion, corruption on the one part, loss and
speculation on the other a tolerably effectual provision may be
made.
In proportion as a country is more and more thinly peopled,
the difficulty to the honest officer of justice, the danger to the unfortunate
suitor and debtor, is proportionally encreased. In Norway, and
Sweden, in many parts of the Russian Empire, in many of the new settled
districts of America, the difficulty and danger may be extreme.
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Identifier: | JB/057/091/001"JB/" can not be assigned to a declared number type with value 57. |
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1805-05-21 |
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057 |
evidence; procedure code |
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091 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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jeremy bentham |
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18421 |
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