★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| (3 intermediate revisions by 2 users not shown) | |||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<note> | <note>Ins.<hi rend="superscript">a</hi></note> <head>Punishment <foreign>in alienam personam</foreign></head> | ||
<note>Incompetency</note> <p>to others in his presence, or what <add>in any</add> other way others <lb/> | <note>Incompetency</note> <p>to others in his presence, or what <add>in any</add> other way others <lb/> | ||
may suffer for <del>wh</del> want of his evidence. I <del>The Case</del><add>A</add><lb/> | may suffer for <del>wh</del> want of his evidence. I <del>The Case</del><add>A</add><lb/> | ||
| Line 10: | Line 10: | ||
example. By the Statute <del>of</del> which is called the<lb/> | example. By the Statute <del>of</del> which is called the<lb/> | ||
Statute of Frauds and Perjuries, three witnesses<lb/> | Statute of Frauds and Perjuries, three witnesses<lb/> | ||
are necessary to a will of land. In this case <del>there</del><add>the</add><lb/> | are necessary to a will of land. In this case <del>there</del> <add>the</add><lb/> | ||
<del>were</del><add>will had</add> three witnesses or <del>but one of them</del> as it ought to<lb/> | <del>were</del> <add>will had</add> three witnesses or <del>but one of them</del> as it ought to<lb/> | ||
have. Two stood unimpeached: but it <add>was found</add> <del>turned</del> out<lb/> | have. Two stood unimpeached: but it <add>was found</add> <del>turned</del> out<lb/> | ||
that < | that <del>one of other had</del> <add>the other</add> once upon a time <del>before the</del><lb/> | ||
<del>attestation</del> had been convicted of petty Larceny<lb/> | <del>attestation</del> had been convicted of petty Larceny<lb/> | ||
and been <sic>whipt</sic>. This was before the attestation<lb/> | and been <sic>whipt</sic>. This was before the attestation<lb/> | ||
| Line 31: | Line 31: | ||
face he could have told that once in his life he<lb/> | face he could have told that once in his life he<lb/> | ||
had been guilty of a trifling breach of honesty<lb/> | had been guilty of a trifling breach of honesty<lb/> | ||
and been whipt for it.</p> | and been <sic>whipt</sic> for it.</p> | ||
<p>The limits of this design will not <sic>permitt</sic> one to expatiate<lb/> | <p>The limits of this design will not <sic>permitt</sic> one to expatiate<lb/> | ||
upon the subject<add><del>topic</del></add> <del>in detail</del><add>any further</add> by <del> | upon the subject <add><del>topic</del></add> <del>in detail</del> <add>any further</add> by <del>either</del> suggesting<lb/> | ||
cases of like mischief that <del> | cases of like mischief that <del>seem likely</del> <add>are liable</add> to happen, or<lb/> | ||
collecting such as are known actually to have happen'd.<lb/> | collecting such as are known actually to have happen'd.<lb/> | ||
this general sketch of them being given the intelligent reader will<lb/> | this general sketch of them being given the intelligent reader will<lb/> | ||
| Line 41: | Line 41: | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Ins.a Punishment in alienam personam
Incompetency
to others in his presence, or what in any other way others
may suffer for wh want of his evidence. I The CaseA
Example
+ 2. Wils. 18. I have already had occasion to quote, the case ofof Pendock and Mackender + may serve as an
example. By the Statute of which is called the
Statute of Frauds and Perjuries, three witnesses
are necessary to a will of land. In this case there the
were will had three witnesses or but one of them as it ought to
have. Two stood unimpeached: but it was found turned out
that one of other had the other once upon a time before the
attestation had been convicted of petty Larceny
and been whipt. This was before the attestation
how long it does not appear. The suit was
commenced five years afterwards. This man being
deemed a bad witness [and as such not to be heard]
there wanted the requisite number and the man
in whose favour the will had been made lost
the estate. One may imagine the shock to a person
who thought he had all the security for his estate
which the Law who could give him: one may
imagine the surprize and indignation the testator were
he to arise out of his grave must feel, at seeing his
disposition vacated, by an incident which common
prudence could never have prompted him to
guard against unless by looking in a man's
face he could have told that once in his life he
had been guilty of a trifling breach of honesty
and been whipt for it.
The limits of this design will not permitt one to expatiate
upon the subject topic in detail any further by either suggesting
cases of like mischief that seem likely are liable to happen, or
collecting such as are known actually to have happen'd.
this general sketch of them being given the intelligent reader will
readily excuse me from entering into the details -
---page break---
|
Identifier: | JB/141/146/004"JB/" can not be assigned to a declared number type with value 141. |
|||
|---|---|---|---|
|
not numbered |
|||
|
141 |
rationale of punishment |
||
|
146 |
punishment in alienam personam |
||
|
004 |
incompetency |
||
|
text sheet |
4 |
||
|
recto |
f55 / f56 / f57 / f58 |
||
|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
|
caroline vernon |
|||
|
48363 |
|||
