JB/056/164/001

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1827. Octr. 17
Law Amendments +

2o
Propositions
§.5. Procedure

Arrest needless

20
Initiatory executions —
or securing sequestration, under
1 proposed system.
2 existing system

Now as to the mode of car commencement of a suit in a
case called a civil case, and the hardship imposed suffering
inflicted by any man at pleasure upon any man at pleasure
without any the smallest ground for it on the score of purpose

or 1
Under existing system
suffering inflicted at
pleasure on any man at
pleasure by mere exhibition
of affidavit evidence

On the single ground of the exhibition of an warrant in the shape
of affidavit evidence, without any more room left for counter warrant
even in that had under on the other side, any man consigns
another to a prison under the name of a prison with no other relief than that of changing it
for another less effective in other respects tool more expensive under the name of a
house — all this without any the smallest necessity or use

or 2 21
This under the idea
of security for eventual
execution in
case of adequate proof

This under the nature of security for eventual execution in case of
adequate proof. But afflictive and inflicted in this case is the suffering is
miserably defective and inadequate is the bad security thus produced.
In the case where any such purpose can be found, more efficient and
at the same time less afflictive to the defendant would be a power,
supposing it gives a sufficient ground and with sufficient countersecurity
against abuse or accident — a power of making personal sequestration
of such property in the hands of justice by means of official
subordinates as above.

or 3 22
Under proposed system
no provisional
sequestration without
ascertainment of the
necessity & addition of
requisite countersecurity

Under the proposed system Never without the establishment ascertainment of the necessity and of the
matter of applicant with the addition of such countersecurity
as is deemed requisite would any such drastic sort of security be afforded having power be considered
and where afforded, to property it would be extendable applicable as well
on a person as on both as need should be.

or 4 23
Under existing system
power of oppression a man
would have by swearing
a large debt against another
too large to admit of his
finding bail — thus getting
him consigned to jail and
then leaving the country
for ever, when would
his victim be liberated?

Supposing a man thus malitiously disposed — a man whose
purpose was to leave the country for ever, he leaves as property in
by means of which he could be made to suffer what should hinder him
from swering swearing a debt to any amount at the charge of his an intended victim.
The debt being too large to admitt of his finding bail he goes to jail
he is consigned of course. And by when and by what means will he
in this case be liberated. Of two of the one being
to each other suppose the man to take this course for the gratification of its end
and having so done, to
take the course which
it had on other accounts
been his intention to take:
think of the situation in
the victim would be then left
The would he not have this country and its government for his instrument and his accomplice?

Identifier: | JB/056/164/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	20, or 1 - or 4
Box	056	Main Headings	Law Amendment
Folio number	164	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals	George Bentham; Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18220
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