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<note>23 Nov<hi rend="superscript">4 1802</hi></note> | |||
<note>4</note> | |||
<head>Procedure Ends</head> | |||
<note><del>Ends positive<lb/> and negative</del><lb/></note> | |||
<note>Thus far</note> | |||
<p>Among the mischiefs of the first order <del>one</del> <add>two</add> &<lb/><del>one</del> <add>two</add> only is such that the end corresponding to it<lb/> can be said with propriety to constitute the<lb/>direct and ultimate end of the system of procedure.<lb/>— these are, in the penal branch, impunity of<lb/>delinquence — in the non-penal branch, frustration<lb/>of well-grounded claims. In the penal branch<lb/>the avoiding to administer punishment <unclear>when</unclear> undue<lb/>is certainly an end of very high importance and<lb/> altogether necessary to be attend to with unremitting<lb/> and anxious care. It cannot however<lb/>with any propriety be stated as constituting an<lb/>ultimate a primary a direct end of the system<lb/>of procedure. Why? because if there were no<lb/>systems of procedure at all this end would<lb/>be but the more <sic>compleatly</sic> & effectually accomplished. —<lb/></p><p>This same observation may it is equally<lb/>evident be extended with equal propriety be<lb/>extended to four other of the above ends to that<lb/>which consist<del>s</del> in avoiding to give allowance to ill<lb/>grounded claims and to those which respectively<lb/>consist in avoiding to give birth to those unhappily<lb/>inseparable accompaniments of every system<lb/>of procedure viz expence and vexation in other<lb/>shapes.<lb/></p> | |||
<note>Ends ultimate<lb/> and collateral<lb/></note> | |||
<p>The two ultimate ends — avoidance to produce<lb/> or suffer impunity on the part of delinquents —<lb/>avoidance to produce or suffer frustration of <del>other</del><lb/> well-grounded claims — these two ends though thus<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
23 Nov4 1802
4
Procedure Ends
Ends positive
and negative
Thus far
Among the mischiefs of the first order one two &
one two only is such that the end corresponding to it
can be said with propriety to constitute the
direct and ultimate end of the system of procedure.
— these are, in the penal branch, impunity of
delinquence — in the non-penal branch, frustration
of well-grounded claims. In the penal branch
the avoiding to administer punishment when undue
is certainly an end of very high importance and
altogether necessary to be attend to with unremitting
and anxious care. It cannot however
with any propriety be stated as constituting an
ultimate a primary a direct end of the system
of procedure. Why? because if there were no
systems of procedure at all this end would
be but the more compleatly & effectually accomplished. —
This same observation may it is equally
evident be extended with equal propriety be
extended to four other of the above ends to that
which consists in avoiding to give allowance to ill
grounded claims and to those which respectively
consist in avoiding to give birth to those unhappily
inseparable accompaniments of every system
of procedure viz expence and vexation in other
shapes.
Ends ultimate
and collateral
The two ultimate ends — avoidance to produce
or suffer impunity on the part of delinquents —
avoidance to produce or suffer frustration of other
well-grounded claims — these two ends though thus
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Identifier: | JB/052/013/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-23 |
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052 |
procedure code |
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013 |
procedure ends |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d4 |
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john herbert koe |
1800 |
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1800 |
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16686 |
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