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<head>6.</head>
<head>C</head><!-- left of centre -->
<head>Of Culpable Insolvency.</head><!-- left of centre -->
<p>might be divided between the adverse party and the fisc according
<lb/>
to <add>the</add> circumstances of the parties , at the discretion of the Judge.
<lb/>
If the litigious delay should have proceeded from or been accompanied
<lb/>
by inability , in the room of the fine a proportionable
<lb/>
quantity of imprisonment should be substituted as
<lb/>
in other cases.  For Insolvency thus circumstanced there would
<lb/>
need no separate procedure . It would appear upon the face
<lb/>
of the suit in question .
<lb/></p>
<p><!-- indent --><note>Punishment for Insolvency <hi rend='underline'>fraudulent</hi> <foreign><sic><hi rend='underline'>ex-post-facto</hi></sic></foreign>.</note> For Insolvency which has been fraudulent <!-- foreign checked: http://en.wikipedia.org/wiki/Ex_post_facto_law --><foreign><sic>ex-post-facto</sic></foreign>
<lb/>
the punishment might be the same as where it was fraudulent
<lb/>
<!-- foreign checked: http://en.wikipedia.org/wiki/Ab_initio --><foreign><hi rend='underline'>ab initio</hi></foreign>.  Any pretended conveyance would be void of course;
<lb/>
and a pecuniary punishment , and in aid of it imprisonment ,
<lb/>
might be inflicted on all such as were parties or privies to the
<lb/>
fraud . They might even be made to share the disgrace of
<lb/>
the Insolvent by means of the ignominious Habit.
<lb/></p>
<p><!-- indent --><note>Punishment for Insolvency in Despite of Justice.</note> For Insolvency in despite of Justice the Offender might
<lb/>
be dieted in the black Dungeon till he complies.  This, it will
<lb/>
be observed is a case not for ordinary punishment but for
<lb/>
compulsion : And accordingly as the Offender will have it in <add>his</add>
<lb/></p>




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Revision as of 16:23, 27 June 2011

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6. C Of Culpable Insolvency.

might be divided between the adverse party and the fisc according
to the circumstances of the parties , at the discretion of the Judge.
If the litigious delay should have proceeded from or been accompanied
by inability , in the room of the fine a proportionable
quantity of imprisonment should be substituted as
in other cases. For Insolvency thus circumstanced there would
need no separate procedure . It would appear upon the face
of the suit in question .

Punishment for Insolvency fraudulent ex-post-facto. For Insolvency which has been fraudulent ex-post-facto
the punishment might be the same as where it was fraudulent
ab initio. Any pretended conveyance would be void of course;
and a pecuniary punishment , and in aid of it imprisonment ,
might be inflicted on all such as were parties or privies to the
fraud . They might even be made to share the disgrace of
the Insolvent by means of the ignominious Habit.

Punishment for Insolvency in Despite of Justice. For Insolvency in despite of Justice the Offender might
be dieted in the black Dungeon till he complies. This, it will
be observed is a case not for ordinary punishment but for
compulsion : And accordingly as the Offender will have it in his



Identifier: | JB/071/190/002"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

190

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

f5 / f6 / f7 / f8

Penner

Watermarks

[[watermarks::myears [lion with crown motif]]]

Marginals

Paper Producer

caroline fox

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

23593

Box Contents

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