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grounds which eventually proved false <add>fallacious</add><!-- added in pencil -->, and which he had no <add>good</add> reason | 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 | <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 | 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. | <hi rend='underline'>rashly</hi>. In this case, <add>we see,</add> it is his understanding that was in fault. | ||
<lb/></p> | <lb/></p> | ||
<p>3. <note>3 — Through Prodigality.</note> Where he became afterwards unable to discharge it through | <p>3. <note>3 — Through Prodigality.</note> Where he became afterwards unable to discharge it through | ||
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<p>4. <note>4 — Through Mismanagment.</note> Where he became afterwards unable to discharge it through | <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 | <hi rend='underline'>mismanagement</hi>. In this case it was his Understanding that | ||
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was immediately in fault. | was immediately in fault. | ||
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fault of the understanding and of the Will together. | 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> | <p><!-- indent -->5. <note>5 — Litigiousness.</note> Where he became afterwards unwilling to pay, meaning to defer <add>payment</add> | ||
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<!-- horizontal line --> | <!-- horizontal line --> | ||
<head>Note:</head><!-- left of centre --> | <head>Note:</head><!-- left of centre --> | ||
<p>fraudulent Insolvlency , but Sharping . This circumstance marks out the | <p>fraudulent Insolvlency, but Sharping. This circumstance marks out the | ||
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limits between fraudulent Insolvency and Sharping. | limits between fraudulent Insolvency and Sharping. | ||
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
Note:
fraudulent Insolvlency, but Sharping. This circumstance marks out the
limits between fraudulent Insolvency and Sharping.
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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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