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<p>will be productive of confinement in respect of<lb/>place viz in as far as for the purpose of saving<lb/>the expence a man either stays at home instead<lb/>of going a journey or goes a journey instead of<lb/>staying at home as he would have done<lb/>otherwise.<lb/></p> | <p>will be productive of confinement in respect of<lb/>place viz in as far as for the purpose of saving<lb/>the expence a man either stays at home instead<lb/>of going a journey or goes a journey instead of<lb/>staying at home as he would have done<lb/>otherwise.<lb/></p> | ||
<note>12<lb/>II Vexation of 2<hi rend="superscript">d</hi> order<lb/>— <del>1. Avoidance</del><lb/><del>of</del> Delay — and<lb/> the avoidance of it<lb/> viz: so much<lb/> as is avoidable<lb/></note> <p>Further ends of penal procedure, end of the<lb/>second order — avoidance of delay.<lb/></p><p>The avoidance of delay is termed an end<lb/>of the second order because delay itself <del>is</del> though<lb/>indisputably an inconvenience is not in its effects<lb/>distinguishable from the inconveniences of the <lb/>first order the inconveniences to which the several<lb/>ends of the first order respectively bear reference<lb/>for into one or other of those same inconveniences<lb/>it may in every case be resolved.<lb/></p><p>In speaking of delay <del>we</del> it must all along<lb/>be understood that to the business of the branch<lb/>of <del>the</del> procedure in question as to every other<lb/>business a certain portion of time is altogether<lb/>necessary by delay therefore neither more nor<lb/> less is understood than the consumption of any<lb/>portion of time over & above the portion of<lb/>time absolutely necessary the portion of time<lb/>that would be sufficient for the accomplishment<lb/>of the several ends of procedure in their<lb/>respective greatest degrees of perfection<lb/>whatever it may be.<lb/></p><note>13<lb/> Ultimate mischief <lb/>viz: of the 1<hi rend="superscript">st</hi> order <lb/>arising out of delay <lb/>1. Non | <note>12<lb/>II Vexation of 2<hi rend="superscript">d</hi> order<lb/>— <del>1. Avoidance</del><lb/><del>of</del> Delay — and<lb/> the avoidance of it<lb/> viz: so much<lb/> as is avoidable<lb/></note> <p>Further ends of penal procedure, end of the<lb/>second order — avoidance of delay.<lb/></p><p>The avoidance of delay is termed an end<lb/>of the second order because delay itself <del>is</del> though<lb/>indisputably an inconvenience is not in its effects<lb/>distinguishable from the inconveniences of the <lb/>first order the inconveniences to which the several<lb/>ends of the first order respectively bear reference<lb/>for into one or other of those same inconveniences<lb/>it may in every case be resolved.<lb/></p><p>In speaking of delay <del>we</del> it must all along<lb/>be understood that to the business of the branch<lb/>of <del>the</del> procedure in question as to every other<lb/>business a certain portion of time is altogether<lb/>necessary by delay therefore neither more nor<lb/> less is understood than the consumption of any<lb/>portion of time over & above the portion of<lb/>time absolutely necessary the portion of time<lb/>that would be sufficient for the accomplishment<lb/>of the several ends of procedure in their<lb/>respective greatest degrees of perfection<lb/>whatever it may be.<lb/></p><note>13<lb/> Ultimate mischief <lb/>viz: of the 1<hi rend="superscript">st</hi> order <lb/>arising out of delay <lb/>1. Non punitive for <lb/>the <gap/><lb/> 2. Punitive where<lb/> <gap/> <lb/></note><p>The inconveniences resulting from delay will<lb/>according to inconveniences be altogether different<lb/>from delay as inconvenience of the second order<lb/>corresponding to the end of the second order may<lb/><gap/> any of the inconveniences of the first<lb/></p> | ||
13 Novr 1802
7
Dumont Procedure.
Ends
will be productive of confinement in respect of
place viz in as far as for the purpose of saving
the expence a man either stays at home instead
of going a journey or goes a journey instead of
staying at home as he would have done
otherwise.
12
II Vexation of 2d order
— 1. Avoidance
of Delay — and
the avoidance of it
viz: so much
as is avoidable
Further ends of penal procedure, end of the
second order — avoidance of delay.
The avoidance of delay is termed an end
of the second order because delay itself is though
indisputably an inconvenience is not in its effects
distinguishable from the inconveniences of the
first order the inconveniences to which the several
ends of the first order respectively bear reference
for into one or other of those same inconveniences
it may in every case be resolved.
In speaking of delay we it must all along
be understood that to the business of the branch
of the procedure in question as to every other
business a certain portion of time is altogether
necessary by delay therefore neither more nor
less is understood than the consumption of any
portion of time over & above the portion of
time absolutely necessary the portion of time
that would be sufficient for the accomplishment
of the several ends of procedure in their
respective greatest degrees of perfection
whatever it may be.
13
Ultimate mischief
viz: of the 1st order
arising out of delay
1. Non punitive for
the
2. Punitive where
The inconveniences resulting from delay will
according to inconveniences be altogether different
from delay as inconvenience of the second order
corresponding to the end of the second order may
any of the inconveniences of the first
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Identifier: | JB/052/020/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-13 |
12-13 |
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052 |
procedure code |
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020 |
dumont procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d7 |
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john herbert koe |
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16693 |
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