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<p><!-- pencil -->28 Dec<hi rend="superscript">r.</hi> 1810<lb/> | |||
<!-- pencil --><head>Prize 1805 1809</head></p> | |||
<p>In two of these cases, in both of them the penalty<lb/> | |||
being fixt, in one of them £500, in the other £100,<lb/> | |||
the word <hi rend="underline">forfeit</hi> is employed and in <add>neither of</add> these cases<lb/> | |||
<del><gap/></del> if Admiralty Court practice agree in this particular<lb/> | |||
with Equity Court practice, in neither of these cases<lb/> | |||
<del>can you call upon</del> will any one be able to call upon<lb/> | |||
a fraudulent <add>an</add> Agent to speak the truth to his own<lb/> | |||
prejudice without <del>exempting him</del> unless having<lb/> | |||
it in his power <add>so to do</add>, the plaintiff exempts him from the <add>remitts to him the</add><lb/> | |||
penalty.</p> | |||
<p>All this is clear enough, <del>send back</del> <add>not to say</add> too <del>dear</del> clear<lb/> | |||
consequently if in the individual instance in question<lb/> | |||
there be no hope of conviction without the Defendants<lb/> | |||
evidence, the inefficacy of the penal provision will be<lb/> | |||
out of dispute, <del>send them <gap/></del> impunity certain, and<lb/> | |||
learned Gentlemen <add>Doctors and Procters</add> of all denominations unemployed.</p> | |||
<p>But the one pound per centum per month – here <add>in this</add><lb/> | |||
may be seen the seed of business: being a case of <hi rend="underline">interest</hi><lb/> | |||
it is a penal <del>interest:</del> <add>case:</add> whereupon the Judge, <add>equally</add> secure<lb/> | |||
of praise in either case <add>and in every case</add>, deals out punishment or impunity<lb/> | |||
at pleasure, secure in either case of that <add><gap/></add> unqualified<lb/> | |||
praise from which under the auspices <add>reign of unwritten and Judge-made law</add><lb/> | |||
it is never <add>would never be</add> possible for the <add>a</add> Judge especially an English<lb/> | |||
Judge, <add>were he to strive ever so hard,</add> ever to make his escape.</p> | |||
<p><add>In the present instance</add> Such at least might be the case <add>result state of the matter</add> but for the word<lb/> | |||
<hi rend="underline">other</hi>, fortunately and unfortunately slipt in before the word penalties<lb/> | |||
on the last but one of the eight lines of which this section is<lb/> | |||
composed. "All other penalties"? Oh these, (it will be said) this is <hi rend="underline">one</hi>.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
28 Decr. 1810
Prize 1805 1809
In two of these cases, in both of them the penalty
being fixt, in one of them £500, in the other £100,
the word forfeit is employed and in neither of these cases
if Admiralty Court practice agree in this particular
with Equity Court practice, in neither of these cases
can you call upon will any one be able to call upon
a fraudulent an Agent to speak the truth to his own
prejudice without exempting him unless having
it in his power so to do, the plaintiff exempts him from the remitts to him the
penalty.
All this is clear enough, send back not to say too dear clear
consequently if in the individual instance in question
there be no hope of conviction without the Defendants
evidence, the inefficacy of the penal provision will be
out of dispute, send them impunity certain, and
learned Gentlemen Doctors and Procters of all denominations unemployed.
But the one pound per centum per month – here in this
may be seen the seed of business: being a case of interest
it is a penal interest: case: whereupon the Judge, equally secure
of praise in either case and in every case, deals out punishment or impunity
at pleasure, secure in either case of that unqualified
praise from which under the auspices reign of unwritten and Judge-made law
it is never would never be possible for the a Judge especially an English
Judge, were he to strive ever so hard, ever to make his escape.
In the present instance Such at least might be the case result state of the matter but for the word
other, fortunately and unfortunately slipt in before the word penalties
on the last but one of the eight lines of which this section is
composed. "All other penalties"? Oh these, (it will be said) this is one.
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Identifier: | JB/547/432/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-12-25 |
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547 |
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432 |
Prize. 1805. 1809 § |
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001 |
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Text sheet |
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Jeremy Bentham |
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