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<p><!-- pencil -->21 May 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>in a purely penal or a mixt suit the burthensomeness of the<lb/>
 
operations necessary to secure the forthcomingness and justiciability <add>on the part</add> of the<lb/>
 
defendant will be greater than in a purely non-penal suit.<lb/>
It is in the character of a general proposition the observation is true:<lb/>
but whatever truth belongs to it, does not belong to <add>attach upon</add> it till after it<lb/>
has undergone large exceptions.</p>
<p>In height the scale of burthensomeness extends much further in<lb/>
the case of a penal, than in the case of a non-penal suit.<lb/>
By the unfavourable event of a non-penal suit the defendant can not<lb/>
be subjected to any burthen beyond <add>greater than</add> that of parting with a mass <add>portion</add> of the<lb/>
matter of wealth;<hi rend="superscript">(a)</hi> <note><hi rend="superscript">(a)</hi> Quere as to condition in life?</note> <del>or something</del> by the unfavourable termination of<lb/>
a suit of the purely penal or mixt kind he may be subjected to<lb/>
a burthen of any conceivable weight up to loss of life, accompanied<lb/>
with the utmost degree of bodily affliction that human nature<lb/>
is capable of enduring, according to the nature of the lit of punishments<lb/>
provided by the penal code of the State in which the suit happens<lb/>
to be introduced.</p>
<p>In depth the scale of burthensomeness may extend and commonly<lb/>
does extend as far in the case of a purely penal or mixt as in the<lb/>
case of a purely non-penal suit.  A <add>fine</add> to a greater amount<lb/>
than a shilling, a portion only of the value of a day's labour of an<lb/>
ordinary hand, is a punishment <add>the amount of a burthen</add> not infrequently imposed under the<lb/>
name of punishment, in English judicature.</p>
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21 May 1805
Evidence

in a purely penal or a mixt suit the burthensomeness of the
operations necessary to secure the forthcomingness and justiciability on the part of the
defendant will be greater than in a purely non-penal suit.
It is in the character of a general proposition the observation is true:
but whatever truth belongs to it, does not belong to attach upon it till after it
has undergone large exceptions.

In height the scale of burthensomeness extends much further in
the case of a penal, than in the case of a non-penal suit.
By the unfavourable event of a non-penal suit the defendant can not
be subjected to any burthen beyond greater than that of parting with a mass portion of the
matter of wealth;(a) (a) Quere as to condition in life? or something by the unfavourable termination of
a suit of the purely penal or mixt kind he may be subjected to
a burthen of any conceivable weight up to loss of life, accompanied
with the utmost degree of bodily affliction that human nature
is capable of enduring, according to the nature of the lit of punishments
provided by the penal code of the State in which the suit happens
to be introduced.

In depth the scale of burthensomeness may extend and commonly
does extend as far in the case of a purely penal or mixt as in the
case of a purely non-penal suit. A fine to a greater amount
than a shilling, a portion only of the value of a day's labour of an
ordinary hand, is a punishment the amount of a burthen not infrequently imposed under the
name of punishment, in English judicature.


Identifier: | JB/058/041/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-05-21

Marginal Summary Numbering

Box

058

Main Headings

evidence

Folio number

041

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e4

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18710

Box Contents

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