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<p><!-- pencil -->21 May 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>The demand for this distinction in classification <add>arrangement</add> and nomenclature<lb/>
 
was produced by several differences of prime importance in <add>with a view to</add> practice.</p>
 
<p>I.  From the differences respecting the burthensomeness of the obligation<lb/>
result correspondent differences in respect <add>respecting</add> the coerciveness and thence<lb/>
the burthensomeness of the operations necessary to secure the forthcomingness<lb/>
and eventual <del>justif</del> justiciability of the defendant.  In general<lb/>
the burthensomeness of these operations will be greater in a <add>purely</add> penal suit<lb/>
<del><add><gap/></add> 2. From the differences respecting the inter</del><lb/>
or a mixt suit than in a <add>purely</add> non-penal suit.</p>
<p>II.  From the differences respecting the interest of any by which<lb/>
an individual having it in his power to institute and carry through<lb/>
a suit having for its object the demanding at the hands of the<lb/>
Judge the rendering of the <unclear>service</unclear> <del>corresponding to</del> <add>rendered by</add> the imposing upon<lb/>
the defendant the obligation correspondent <add>appropriate</add> to the nature of the suit,<lb/>
result the necessity or non necessity of extraordinary maxims, to<lb/>
be taken by the legislator for securing in all cases the institution<lb/>
and <add>maintenance</add> of the <add>correspondent</add> suit.</p>
<p>If there be <add>the nature of the case be such that there is no</add> individual who by any interest <add>any <hi rend="underline">naturally</hi> occurring interest</add> peculiar<lb/>
<del>to himself</del> <add>to himself</add> is urged <add>initiated incited</add> to institute the suit, <del>with the legisla</del><lb/>
and thence to subject himself to the vexation and expence attached<lb/>
to the maintenance of it, in such case either the legislator in default<lb/>
of such natural interest, must create and afford to some<lb/>
individual a factitious interest adequate to the production of<lb/>
such effect, or the correspondent branch of <del>the</del> substantive law<lb/>
will go unfulfilled.</p>
<p>In this case are all those suits which are of <add>belong to the</add> purely<lb/>
penal nature <add>class</add>:  suits which have for their object the calling down <add>causing</add><lb/>
punishment to fall upon the defendant in the <gap/> of an offence of<lb/>
the class <del>of</del> composed of the offences stiled Public Offences, being the last of<lb/>
the four classes not <add>under</add> which offences of all descriptions have been arranged in a book already under the public eyes.<hi rend="superscript">†</hi> <note><hi rend="superscript">†</hi> Dum.</note></p>
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21 May 1805
Evidence

The demand for this distinction in classification arrangement and nomenclature
was produced by several differences of prime importance in with a view to practice.

I. From the differences respecting the burthensomeness of the obligation
result correspondent differences in respect respecting the coerciveness and thence
the burthensomeness of the operations necessary to secure the forthcomingness
and eventual justif justiciability of the defendant. In general
the burthensomeness of these operations will be greater in a purely penal suit
2. From the differences respecting the inter
or a mixt suit than in a purely non-penal suit.

II. From the differences respecting the interest of any by which
an individual having it in his power to institute and carry through
a suit having for its object the demanding at the hands of the
Judge the rendering of the service corresponding to rendered by the imposing upon
the defendant the obligation correspondent appropriate to the nature of the suit,
result the necessity or non necessity of extraordinary maxims, to
be taken by the legislator for securing in all cases the institution
and maintenance of the correspondent suit.

If there be the nature of the case be such that there is no individual who by any interest any naturally occurring interest peculiar
to himself to himself is urged initiated incited to institute the suit, with the legisla
and thence to subject himself to the vexation and expence attached
to the maintenance of it, in such case either the legislator in default
of such natural interest, must create and afford to some
individual a factitious interest adequate to the production of
such effect, or the correspondent branch of the substantive law
will go unfulfilled.

In this case are all those suits which are of belong to the purely
penal nature class: suits which have for their object the calling down causing
punishment to fall upon the defendant in the of an offence of
the class of composed of the offences stiled Public Offences, being the last of
the four classes not under which offences of all descriptions have been arranged in a book already under the public eyes. Dum.


Identifier: | JB/058/039/001"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

039

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e2

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18708

Box Contents

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