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<add>and this</add> whether the Bankrupt were the occupier of a Chandler's<lb/> | <add>and this</add> whether the Bankrupt were the occupier of a Chandler's<lb/> | ||
Shop in the country, or the first Merchant in the World. <lb/></p> | Shop in the country, or the first Merchant in the World. <lb/></p> | ||
<note>The Distinction between Bankrupts and other Insolvents Improper.</note> | <p><note>The Distinction between Bankrupts and other Insolvents Improper.</note> | ||
Why all this difference between Insolvents in an out<lb/> | |||
of Trade? Between the Creditors of the one and the Creditors<lb/> | of Trade? Between the Creditors of the one and the Creditors<lb/> | ||
the other? Why is the former to suffer Imprisonment for<lb/> | of the other? Why is the former to suffer Imprisonment for<lb/> | ||
life, and the other nothing? The answer is, that the Law<lb/> | life, and the other nothing? The answer is, that the Law<lb/> | ||
<add>in its wisdom is pleased to make two suppositions: the one is, that</add> | <add>in its wisdom is pleased to make two suppositions: the one is, that</add> | ||
<del>suffices | <del>suffices none but</del> <add>no man who is not</add> a Trader can <add>ever</add> be unfortunate: <del>and that</del><lb/> | ||
<add>no man who is not</add> a Trader can <add>ever</add> be unfortunate: <del | |||
<add>the other is, that no man who is</add> | <add>the other is, that no man who is</add> | ||
a Trader <del>never</del> can <add>ever</add> be dishonest. This is the reason why the<lb/> | a Trader <del>never</del> can <add>ever</add> be dishonest. This is the reason why the<lb/> | ||
Creditors of the one can never compel him to discover his<lb/> | Creditors of the one can never compel him to discover his<lb/> | ||
effects till he had spent them all in Jail; nor any Creditor<lb/> | effects till he had spent them all in Jail; nor any Creditor<lb/> | ||
of the other ever punish him for his knavery. <lb/></ | of the other ever punish him for his knavery. <lb/> | ||
<add>To</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C Of Culpable Insolvency. Imperfection of the Bankrupt Laws.
In the Bankrupt Laws there does seem to have been
some notion of distinguishing between innocence and guilt.
But the distinction is not submitted to the opinion of a
Judge: it is left to be determined partly by the humanity
or inhumanity of the Creditor, partly by the caprice of fortune.
As to prodigality the Laws know but of two species,
Gaming and portioning out Children. And in both cases the
same sum spent is made to afford the same evidence of prodigality;
and this whether the Bankrupt were the occupier of a Chandler's
Shop in the country, or the first Merchant in the World.
The Distinction between Bankrupts and other Insolvents Improper.
Why all this difference between Insolvents in an out
of Trade? Between the Creditors of the one and the Creditors
of the other? Why is the former to suffer Imprisonment for
life, and the other nothing? The answer is, that the Law
in its wisdom is pleased to make two suppositions: the one is, that
suffices none but no man who is not a Trader can ever be unfortunate: and that
the other is, that no man who is
a Trader never can ever be dishonest. This is the reason why the
Creditors of the one can never compel him to discover his
effects till he had spent them all in Jail; nor any Creditor
of the other ever punish him for his knavery.
To
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Identifier: | JB/071/193/001"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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193 |
of culpable insolvency |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f17 / f18 / f19 / f20 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23596 |
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