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<head>2.</head> | |||
<head>C</head><!-- left of centre --> | |||
<head>Of Culpable Insolvency.</head><!-- left of centre --> | |||
<p>2. <note>2 — Rashness <!-- foreign text checked: http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=ab+initio&lng=en-GB&nt=1 --><foreign>ab <hi rend='underline'>initio</hi></foreign></note> Where he represented himself as having a probable chance upon | |||
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grounds which eventually proved false <add>fallacious</add><!-- added in pencil -->, and which he had no <add>good</add> reason | |||
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<add>at the time</add> to trust to , but which <add>however</add> he did trust to in effect and think them | |||
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probable . In this case the debt may be said to have been contracted | |||
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<hi rend='underline'>rashly</hi> . In this case, <add>we see,</add> it is his understanding that was in fault. | |||
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<p>3. <note>3 — Through Prodigality.</note> Where he became afterwards unable to discharge it through | |||
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<hi rend='underline'>prodigality</hi>. In this case it is his Will that was in fault. | |||
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<p>4. <note>4 — Through Mismanagment.</note> Where he became afterwards unable to discharge it through | |||
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<hi rend='underline'>mismanagement</hi> . In this case it was his Understanding that | |||
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was immediately in fault. | |||
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<p><!-- indent -->The case of <sic>Mis-management</sic> may be resolved into three | |||
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others. 1. Indolence. 2. Incapacity. And 3. Rashness or Presumption. | |||
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Indolence is the fault of the Will . Incapacity is more immediately | |||
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the fault of the Understanding. Rashness or Presumption <add>seems to be</add> <del>is</del> the | |||
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fault of the understanding and of the Will together. | |||
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<p><!-- indent -->5. <note>5 — Litigiousness.</note> Where he became afterwards unwilling to pay , meaning to defer <add>payment</add> | |||
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<head>Note:</head><!-- left of centre --> | |||
<p>fraudulent Insolvlency , but Sharping . This circumstance marks out the | |||
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limits between fraudulent Insolvency and Sharping. | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
2.
C
Of Culpable Insolvency.
2. 2 — Rashness ab initio Where he represented himself as having a probable chance upon
grounds which eventually proved false fallacious, and which he had no good reason
at the time to trust to , but which however he did trust to in effect and think them
probable . In this case the debt may be said to have been contracted
rashly . In this case, we see, it is his understanding that was in fault.
3. 3 — Through Prodigality. Where he became afterwards unable to discharge it through
prodigality. In this case it is his Will that was in fault.
4. 4 — Through Mismanagment. Where he became afterwards unable to discharge it through
mismanagement . In this case it was his Understanding that
was immediately in fault.
The case of Mis-management may be resolved into three
others. 1. Indolence. 2. Incapacity. And 3. Rashness or Presumption.
Indolence is the fault of the Will . Incapacity is more immediately
the fault of the Understanding. Rashness or Presumption seems to be is the
fault of the understanding and of the Will together.
5. 5 — Litigiousness. Where he became afterwards unwilling to pay , meaning to defer payment
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Note:
fraudulent Insolvlency , but Sharping . This circumstance marks out the
limits between fraudulent Insolvency and Sharping.
Identifier: | JB/071/189/002"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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189 |
of culpable insolvency |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23592 |
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