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<p><!-- pencil -->26 Oct 1805<lb/> | |||
<head>Evidence</head></p> | |||
<p>10. The particular <add>situation <del>and</del> circumstances and in all material respects expectations</add> circumstances in respect of pecuniary and<lb/> | |||
other <del><gap/></del> matters being thus ascertained <add>brought to view</add> in the instance of both<lb/> | |||
parties and of the defendant in particular <add>in the instance of both</add> being thus brought<lb/> | |||
to view that <add>particular</add> mode of execution might in each individual<lb/> | |||
instance be employed which should have been ascertained<lb/> | |||
to be the best adapted to those circumstances, as being the most<lb/> | |||
effectual and the least burthensome.</p> | |||
<p>11. So likewise for the eventual security of <del>forthcomingness and</del> <add>personal forthcomingness<lb/> | |||
and justiciability</add> responsibility to all purposes, on <del>the part of</del> both sides, and<lb/> | |||
especially on that of the defendant in the cause: real <add><gap/></add> security<lb/> | |||
<del>by</del> or vicarious personal <add>justiciability</add> responsibility being employed in preference<lb/> | |||
where obtainable, corporal security by <unclear>provisional</unclear> imprisonment<lb/> | |||
not without the previous ascertainment of the necessity<lb/> | |||
for it in the hearing before the Judge.</p> | |||
<p><head>Note</head></p> | |||
<p>(a) In English procedure the means of execution are diversified by an<lb/> | |||
infinity of modifications, each of them <add>is</add> of course <add>of itself</add> imperfect without<lb/> | |||
the rest, all of them together are inexhaustibly <unclear>mine</unclear> of <add>the most flagrant</add> injustice. | |||
</p> | |||
<p>(b) In English procedure <del>the</del> where the cause is not a criminal<lb/> | |||
one, but the subject of it a <unclear>mere</unclear> <add>common</add> debt as in the case of 19 causes<lb/> | |||
out of 20, the defendant is consigned to prison in the first instance<lb/> | |||
at the sole will of the plaintiff, without any cognizance<lb/> | |||
taken by the Judge of the demand <add>in point of necessity</add> for <del><gap/> <gap/></del> vexations or procedure:<lb/> | |||
the <del>defendant</del> <add>plaintiff</add> is made to swear in general terms to the<lb/> | |||
justness of his demand, but not even in general terms to <add>so much as</add> his opinion of<lb/> | |||
the necessity of the remedy: and the remedy or <gap/> open to him though<lb/> | |||
at the very time he should<lb/> | |||
have <add>in his hands</add> property of the defendants<lb/> | |||
to ever so many times<lb/> | |||
the value of the debt claimed.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
26 Oct 1805
Evidence
10. The particular situation and circumstances and in all material respects expectations circumstances in respect of pecuniary and
other matters being thus ascertained brought to view in the instance of both
parties and of the defendant in particular in the instance of both being thus brought
to view that particular mode of execution might in each individual
instance be employed which should have been ascertained
to be the best adapted to those circumstances, as being the most
effectual and the least burthensome.
11. So likewise for the eventual security of forthcomingness and personal forthcomingness
and justiciability responsibility to all purposes, on the part of both sides, and
especially on that of the defendant in the cause: real security
by or vicarious personal justiciability responsibility being employed in preference
where obtainable, corporal security by provisional imprisonment
not without the previous ascertainment of the necessity
for it in the hearing before the Judge.
Note
(a) In English procedure the means of execution are diversified by an
infinity of modifications, each of them is of course of itself imperfect without
the rest, all of them together are inexhaustibly mine of the most flagrant injustice.
(b) In English procedure the where the cause is not a criminal
one, but the subject of it a mere common debt as in the case of 19 causes
out of 20, the defendant is consigned to prison in the first instance
at the sole will of the plaintiff, without any cognizance
taken by the Judge of the demand in point of necessity for vexations or procedure:
the defendant plaintiff is made to swear in general terms to the
justness of his demand, but not even in general terms to so much as his opinion of
the necessity of the remedy: and the remedy or open to him though
at the very time he should
have in his hands property of the defendants
to ever so many times
the value of the debt claimed.
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Identifier: | JB/058/254/001"JB/" can not be assigned to a declared number type with value 58. |
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1805-10-26 |
10-11, 10a, 11a |
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058 |
evidence |
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254 |
evidence |
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001 |
note |
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text sheet |
1 |
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recto |
d18 / e4 |
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jeremy bentham |
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18923 |
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