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<head>1825. March 22<lb/>Procedure Code.</head> <!-- some in pencil --> <p>? 15/2. 12/7 <note>102<lb/><sic>Ch.</sic> IX</note><lb/>(2 <note>§ 4 Countersecurity — need</note></p> <p>4 <sic>contin<hi rend="superscript">d</hi></sic><lb/>In the shape of a Bill of<lb/>exchange, in which the<lb/>proposed Victim stands<lb/>as drawer or endorser —<lb/>in this shape, or no matter<lb/>in what other, he obtains<lb/>the efficient cause,<lb/>and probative evidence<lb/>of a debt, which, without<lb/>injustice or imprudence<lb/>the debtor may have<lb/>left outstanding, having<lb/>before his departure<lb/>left in proper hands<lb/>funds adequate to the <lb/>purpose.</p> <p><unclear>5</unclear>.<lb/>Nor is it necessary,<lb/>that the hand by which<lb/>the evil is produced,<lb/>should be that of the<lb/>principal and prime<lb/>author. It may be that<lb/>of an instrument of<lb/>his, rendered such by<lb/>deceit. | <head>1825. March 22<lb/>Procedure Code.</head> <!-- some in pencil --> <p>? 15/2. 12/7 <note>102<lb/><sic>Ch.</sic> IX</note><lb/>(2 <note>§ 4 Countersecurity — need</note></p> <p>4 <sic>contin<hi rend="superscript">d</hi></sic><lb/>In the shape of a Bill of<lb/>exchange, in which the<lb/>proposed Victim stands<lb/>as drawer or endorser —<lb/>in this shape, or no matter<lb/>in what other, he obtains<lb/>the efficient cause,<lb/>and probative evidence<lb/>of a debt, which, without<lb/>injustice or imprudence<lb/>the debtor may have<lb/>left outstanding, having<lb/>before his departure<lb/>left in proper hands<lb/>funds adequate to the <lb/>purpose.</p> <p><unclear>5</unclear>.<lb/>Nor is it necessary,<lb/>that the hand by which<lb/>the evil is produced,<lb/>should be that of the<lb/>principal and prime<lb/>author. It may be that<lb/>of an instrument of<lb/>his, rendered such by<lb/>deceit. When the Maiden<lb/>has lost her lover,<lb/>or the Wife he new<lb/>married husband,<lb/>the seducer, full of<lb/>sympathy and assumed<lb/>wrath, flies to her relief<lb/>and wins her affections.</p> <pb/> <!-- start of second column --> <p>5.<lb/><sic>Art</sic> 5. Of disposition<lb/>on the part of the pursuer,<lb/>examples have<lb/>been seen, as above.<lb/>His situation, unless<lb/>appropriately modified<lb/>by countersecurity —<lb/>his situation, whether<lb/>in the case of<lb/>sinister design, principal,<lb/>or instrument<lb/>and accessary, as to effective<lb/>responsibility<lb/>in every shape, be<lb/><sic>compleatly</sic> irresponsible.</p> <pb/> <!-- start of third column --> <p>Under English Law,<lb/>every man having it<lb/>in his power to arrest<lb/>almost every other by<lb/>perjury, or without<lb/>the minute, and in<lb/>many cases, the altogether<lb/>unreal hazard<lb/>from it — arrest, consign<lb/>him to Jail or<lb/><sic>Spunging</sic> House for<lb/>any thing or for nothing —<lb/>almost every<lb/>man's liberty being<lb/>thus constantly put<lb/>up to sale by the Judges<lb/>for their own <lb/>benefit, evils such<lb/>as these can not<lb/>but, every now & then,<lb/>be taking place. In<lb/>any multitude,<lb/>they may take place,<lb/>and the public never<lb/>hear of them. Constantly<lb/>they would<lb/>be placed to the account<lb/>of fortune,<lb/>never to the account<lb/>of Law: in plain<lb/>language of Judges<lb/>and Legislature, by<lb/>whose carelessness<lb/>or sinister design<lb/>they will have been<lb/>produced.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. March 22
Procedure Code.
? 15/2. 12/7 102
Ch. IX
(2 § 4 Countersecurity — need
4 contind
In the shape of a Bill of
exchange, in which the
proposed Victim stands
as drawer or endorser —
in this shape, or no matter
in what other, he obtains
the efficient cause,
and probative evidence
of a debt, which, without
injustice or imprudence
the debtor may have
left outstanding, having
before his departure
left in proper hands
funds adequate to the
purpose.
5.
Nor is it necessary,
that the hand by which
the evil is produced,
should be that of the
principal and prime
author. It may be that
of an instrument of
his, rendered such by
deceit. When the Maiden
has lost her lover,
or the Wife he new
married husband,
the seducer, full of
sympathy and assumed
wrath, flies to her relief
and wins her affections.
---page break---
5.
Art 5. Of disposition
on the part of the pursuer,
examples have
been seen, as above.
His situation, unless
appropriately modified
by countersecurity —
his situation, whether
in the case of
sinister design, principal,
or instrument
and accessary, as to effective
responsibility
in every shape, be
compleatly irresponsible.
---page break---
Under English Law,
every man having it
in his power to arrest
almost every other by
perjury, or without
the minute, and in
many cases, the altogether
unreal hazard
from it — arrest, consign
him to Jail or
Spunging House for
any thing or for nothing —
almost every
man's liberty being
thus constantly put
up to sale by the Judges
for their own
benefit, evils such
as these can not
but, every now & then,
be taking place. In
any multitude,
they may take place,
and the public never
hear of them. Constantly
they would
be placed to the account
of fortune,
never to the account
of Law: in plain
language of Judges
and Legislature, by
whose carelessness
or sinister design
they will have been
produced.
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