JB/064/153/001

Click Here To Edit

1827. Decr 23
Law AmendmentPropositions
Ch. II. Codification
Ch. III. Remedies
Suppressive

40.
V. Maleficent act, negative:
service done
positive. Example.
Non-payment of taxes
thus extensive the case.
Negative maleficent
act, disobedience to
any law prohibiting
by the performance of
any sort of positive
act.

41.
To suppress a negative
is to cause perform
the correspondent
positive act.

42.
Modes of such suppression –
1. Immediate without.
2. Mediate through,
delinquent's agency.
Practically important
the difference: see
below. Anglicé.

43.
Rule 1. For giving
existence to the service,
do without delinquent's
agency, whatever
can be so done.

44.
Reason. Delinquent

the agent, delay, whenever
and so long as
profitable to him, will
be maximized.

45.
Rule 2. Performance
in delinquent's power.
Of no compulsory operation
necessary to
produce it can the
afflictiveness be excessive.

---page break---

46.
Proof conclusive of
preponderant good,
preponderant evil
the affliction is the
non-performance.
As to this, see below
title, Punishment.

47.
Questions.
1. Cases in which the
service is unobtainable
other than thro'
the delinquent – what?
2. Compulsory operation
what in the
several cases the best
adapted.

48.
For compleat solution
details necessary more
than can be here
afforded.

49.
VI. Subject matter a
thing corporeal.
Suppressive remedy
extraordinary, the
restitutive.
As to operation without
delinquent's agency.
Rule and reason
here as in the case of
a negative act:
non-restitution being a
negative act.

50.
Not to suppression
only but also to satisfactive
is restitution
necessary:
see title satisfactive.

---page break---

51.
Applicable is the restitutive
remedy, not
to a thing only, but
to a person in so
far as subject to correspondent
power. Example.
1. Wife to husband.
2. Child to father or
guardian.
3. Servant to master.

52.
Of a thing incorporeal
restitution
will be correspondent.

53.
Efficient cause of
the maleficent habit,
cohabitantcy.
Remedy descohabitantcy.

54.
Efficient cause of
the maleficent habit,
constitutive of domestic
condition in life.

Identifier: | JB/064/153/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-12-23	Marginal Summary Numbering	40-54
Box	064	Main Headings	Law Amendment
Folio number	153	Info in main headings field	Law Amendment
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D4 / E3 / F23
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	20507
Box Contents