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<p><!-- indent --><note>Insolvency in fraud of Justice.</note> For Insolvency in fraud of Justice the Offender might | <p><!-- indent --><note>Insolvency in fraud of Justice.</note> For Insolvency in fraud of Justice the Offender might | ||
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be punished as for <add>ordinary Defraudment</add> <del><gap/></del> or Embezzlement . It is in fact | be punished as for <add>ordinary Defraudment</add> <del><gap/></del> or Embezzlement. It is in fact | ||
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a kind of Embezzlement . It is detaining upon false pretences | a kind of Embezzlement. It is detaining upon false pretences | ||
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effects which , the moment his Insolvency stands confessed, | effects which, the moment his Insolvency stands confessed, | ||
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are declared to be not his property , but that of his Creditors. | are declared to be not his property, but that of his Creditors. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent --><note>Innocence to be presumed.</note> With regard to Insolvency of which the cause does not | <p><!-- indent --><note>Innocence to be presumed.</note> With regard to Insolvency of which the cause does not | ||
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appear , let it be presumed to have happened through misfortune . If there be blame let it lie upon the Creditor to <sic>Shew</sic> | appear, let it be presumed to have happened through misfortune. If there be blame let it lie upon the Creditor to <sic>Shew</sic> | ||
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it. | it. | ||
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said nothing of his circumstances , nor used any art to conceal | said nothing of his circumstances , nor used any art to conceal | ||
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or misrepresent <add>them</add><!-- initially added in pencil, then the same word overwritten in ink (but the pencil writing underneath is slightly larger and more spread out than the subsequent word in ink) --> <del>his circumstances</del> ; in such case, although he | or misrepresent <add>them</add><!-- initially added in pencil, then the same word overwritten in ink (but the pencil writing underneath is slightly larger and more spread out than the subsequent word in ink) --> <del>his circumstances</del>; in such case, although he | ||
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knew he had no probable means of discharging <del>it</del> <add>the debt,</add> let him | knew he had no probable means of discharging <del>it</del> <add>the debt,</add> let him | ||
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not be punished as for fraud : let him be punished only as | not be punished as for fraud: let him be punished only as | ||
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for rashness. As where a Man asks his friend to lend him | for rashness. As where a Man asks his friend to lend him | ||
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money without saying more ; and the friend lends the money | money without saying more; and the friend lends the money | ||
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at once without making enquiry as to his Circumstances. <add>If</add> | at once without making enquiry as to his Circumstances. <add>If</add> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C
Of Culpable Insolvency.
his power at any time to put an end to it, the severer it is the
better. See Tit. Of Torture.
Insolvency in fraud of Justice. For Insolvency in fraud of Justice the Offender might
be punished as for ordinary Defraudment or Embezzlement. It is in fact
a kind of Embezzlement. It is detaining upon false pretences
effects which, the moment his Insolvency stands confessed,
are declared to be not his property, but that of his Creditors.
Innocence to be presumed. With regard to Insolvency of which the cause does not
appear, let it be presumed to have happened through misfortune. If there be blame let it lie upon the Creditor to Shew
it.
Borrowing and no questions asked is not Fraud but Rashness. Where the Debtor at a time he contracted the obligation
said nothing of his circumstances , nor used any art to conceal
or misrepresent them his circumstances; in such case, although he
knew he had no probable means of discharging it the debt, let him
not be punished as for fraud: let him be punished only as
for rashness. As where a Man asks his friend to lend him
money without saying more; and the friend lends the money
at once without making enquiry as to his Circumstances. If
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Identifier: | JB/071/190/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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190 |
of culpable insolvency |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23593 |
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