JB/141/146/004

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Inf.n Punishment in elienam personam

Incompetency

to others in his presence, or what in any other way others
may suffer for wh want of his evidence. I The CaseA
Example
+ 2. Wils. 18. I have already had occasion to quote, the case ofof Pendock and Mackender + may serve as an
example. By the Statute of which is called the
Statute of Frauds and Perjuries, three witnesses
are necessary to a will of land. In this case therethe
werewill had three witnesses or but one of them as it ought to
have. Two stood unimpeached: but it was found turned out
that the other one of other had once upon a time before the
attestation had been convicted of petty Larceny
and been whipt. This was before the attestation
how long it does not appear. The suit was
commenced five years afterwards. This man being
deemed a bad witness [and as such not to be heard]
there wanted the requisite number and the man
in whose favour the will had been made lost
the estate. One may imagine the shock to a person
who thought he had all the security for his estate
which the Law who could give him: one may
imagine the surprize and indignation the testator were
he to arise out of his grave must feel, at seeing his
disposition vacated, by an incident which common
prudence could never have prompted him to
guard against unless by looking in a man's
face he could have told that once in his life he
had been guilty of a trifling breach of honesty
and been whipt for it.

The limits of this design will not permitt one to expatiate
upon the subjecttopic in detailany further by suggesting
cases of like mischief that are liable to happen, or
collecting such as are known actually to have happen'd.
this general sketch of them being given the intelligent reader will
readily excuse me from entering into the details -

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Identifier: | JB/141/146/004"JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering	not numbered
Box	141	Main Headings	rationale of punishment
Folio number	146	Info in main headings field	punishment in alienam personam
Image	004	Titles	incompetency
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f55 / f56 / f57 / f58
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	48363
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