JB/071/192/002

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14. C Of Culpable Insolvency

Innocent or culpable, culpable in a less degree or in a greater
degree , it makes no difference.

It treats them worse than Criminals . It puts innocence upon a worse footing than criminality.
It invites men to commit crimes. If a man steals he may be
whipped or sent to live at large in another country for , Seven
Years , or be confined to work for two or three Years . If he
borrows , he may be confined for life .

And through a preposterous tenderness . All the while care is taken not to ask the debtor about
his effects : that would be an easy and natural way of
coming at them , which the Common Law abhors. This is owing
to excess of tenderness : it would be a hardship to him
to oblige him to tell any thing which he does not like
to tell : it would be like making him confess himself a
criminal : to save this it punishes him worse than if he
were .

Absurdity of making the Creditor subsist the Debtor . To make amends for the oppression thus exercised upon
the Debtor, the Law extends it to the Creditor . It seems angry
with him for making use of the only(a) miserable remedy it

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Note

[(a) Only] I am speaking all along , it is to be remembered , of the case where
the property is not visible . Where it is there is no need either of Imprisonment
or examination .

Identifier: | JB/071/192/002"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	192	Info in main headings field	of culpable insolvency
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23595
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