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<p>Innocent or culpable, culpable in a less degree or in a greater | <p>Innocent or culpable, culpable in a less degree or in a greater | ||
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degree , it makes no difference. | degree, it makes no difference. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented --><note>It treats them worse than Criminals .</note> | <p><!-- indented --><note>It treats them worse than Criminals.</note> It puts innocence upon a worse footing than criminality. | ||
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It invites men to commit crimes. | It invites men to commit crimes. If a man steals he may be | ||
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whipped or sent to live at large in another country for , Seven | whipped or sent to live at large in another country for, Seven | ||
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Years , or be confined to work for two or three Years . If he | Years, or be confined to work for two or three Years. If he | ||
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borrows , he may be confined for life . | borrows, he may be confined for life. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented --><note>And through a preposterous tenderness .</note> All the while care is taken not to ask the debtor about | <p><!-- indented --><note>And through a preposterous tenderness.</note> All the while care is taken not to ask the debtor about | ||
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his effects : that would be an easy and natural way of | his effects: that would be an easy and natural way of | ||
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coming at them , which the Common Law abhors. This is owing | coming at them, which the Common Law abhors. This is owing | ||
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to excess of tenderness : it would be a hardship to him | to excess of tenderness: it would be a hardship to him | ||
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to oblige him to tell any thing which he does not like | to oblige him to tell any thing which he does not like | ||
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to tell : it would be like making him confess himself a | to tell: it would be like making him confess himself a | ||
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criminal : to save this it punishes him worse than if he | criminal: to save this it punishes him worse than if he | ||
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were . | were. | ||
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<p><!-- indented --><note>Absurdity of making the Creditor subsist the Debtor .</note> To make amends for the oppression thus exercised upon | <p><!-- indented --><note>Absurdity of making the Creditor subsist the Debtor.</note> To make amends for the oppression thus exercised upon | ||
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the Debtor, the Law extends it to the Creditor . It seems angry | the Debtor, the Law extends it to the Creditor. It seems angry | ||
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with him for making use of the only<add>(a)</add> miserable remedy <add>it</add> | with him for making use of the only<add>(a)</add> miserable remedy <add>it</add> | ||
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<head>Note</head><!-- left of centre --> | <head>Note</head><!-- left of centre --> | ||
<p>[<hi rend='superscript'>(a)</hi> Only] I am speaking all along , it is to be remembered , of the case where | <p>[<hi rend='superscript'>(a)</hi> Only] I am speaking all along, it is to be remembered, of the case where | ||
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the property is not visible . Where it is there is no need either of Imprisonment | the property is not visible. Where it is there is no need either of Imprisonment | ||
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or examination . | or examination. | ||
<lb/></p> | <lb/></p> | ||
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
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.
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Identifier: | JB/071/192/002"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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192 |
of culpable insolvency |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23595 |
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