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< | <note> 3 Inseranda <lb/> Observations <lb/> III <unclear>Lawful</unclear> <lb/> Recognizance </note> | ||
<p>As to the other supposed security, viz: the <lb/><hi rend="underline">Recognizance</hi>, it is partly nugatory in itself,<lb/>partly rendered inefficient by a management which<lb/>might have been foreseen and provided against.<lb/>As far as the <hi rend="underline">Principal</hi> alone is concerned, it is<lb/>a contrivance for obtaining by force of law, a<lb/>forced consent to a penalty, which, being fixed<lb/>and the same in the case of every transgression,<lb/>has <unclear>infinity</unclear> to <del><gap/></del> against its <unclear><gap/></unclear> in each<lb/><add>instance that <sic>occurrs</sic>: at the same time that</add><del>given case. But</del> without any such consent<lb/>it is equally in the power of Law to subject<lb/>a man in each case of transgression to<lb/>a penalty <del>adapted</del> <add><del>proportioned and</del></add> <add>adapted in quality as well as quantity</add> to the nature of the case.<lb/>In as far as the <hi rend="underline">Surety</hi> is concerned, the efficacy<lb/>of this expedient stands, <add>it is true,</add> upon very different<lb/>grounds. <hi rend="underline">Here</hi> we see a friend appointed <del>a</del><lb/>Guardian <add>and <del>with</del> by mutual consent,</add> to the probity of his friend, <del>with or without</del> <add>bound in <del>by</del></add><lb/> | |||
<add><del>this way by to the tie of a personal friend interest to</del></add><lb/><del>in the engaged by mutual to the vigilant</del><lb/><add>this way to the vigilant</add> execution of the trust, by <del>an</del> <add>the tie of personal</add> interest — <del>created</del> by a <lb/><del>the</del> penalty to which <add>by means of this <del>or that</del> arrangement</add> he stands subjected - a penalty<lb/>to which <add>without <del>his own free consent,</del> <add>some such arrangement </add> he could not have been subjected.<lb/><del>without his own free consent.</del> But the penalty<lb/>is a trifle — £ 10 <add>£ 5</add> a year — and the same trifle<lb/>in the instance of every <del>such</del> degree of opulence:<lb/><del>to the renter of</del> in the <del>instance</del> <add>case</add> of the <add>Hedge</add> Alehouse. — <lb/><del>of</del> <add>at</add> £ <del>5</del> <add>3</add> a year <add>rent,</add> and in the <del>instance</del> <add>case</add> of the Inn<lb/>or Tavern at £ <del>5</del><add>3</add>00. This trifle too amounts<lb/>to nothing: for <del>Rec</del> Principals join hands, and<lb/>each becomes Surety for the other.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3 Inseranda
Observations
III Lawful
Recognizance
As to the other supposed security, viz: the
Recognizance, it is partly nugatory in itself,
partly rendered inefficient by a management which
might have been foreseen and provided against.
As far as the Principal alone is concerned, it is
a contrivance for obtaining by force of law, a
forced consent to a penalty, which, being fixed
and the same in the case of every transgression,
has infinity to against its in each
instance that occurrs: at the same time thatgiven case. But without any such consent
it is equally in the power of Law to subject
a man in each case of transgression to
a penalty adapted proportioned and adapted in quality as well as quantity to the nature of the case.
In as far as the Surety is concerned, the efficacy
of this expedient stands, it is true, upon very different
grounds. Here we see a friend appointed a
Guardian and with by mutual consent, to the probity of his friend, with or without bound in by
this way by to the tie of a personal friend interest to
in the engaged by mutual to the vigilant
this way to the vigilant execution of the trust, by an the tie of personal interest — created by a
the penalty to which by means of this or that arrangement he stands subjected - a penalty
to which without his own free consent, <add>some such arrangement he could not have been subjected.
without his own free consent. But the penalty
is a trifle — £ 10 £ 5 a year — and the same trifle
in the instance of every such degree of opulence:
to the renter of in the instance case of the Hedge Alehouse. —
of at £ 5 3 a year rent, and in the instance case of the Inn
or Tavern at £ 5300. This trifle too amounts
to nothing: for Rec Principals join hands, and
each becomes Surety for the other.
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Identifier: | JB/150/500/001"JB/" can not be assigned to a declared number type with value 150. |
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150 |
police bill |
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jeremy bentham |
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