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<head>1824. <sic>Dec<hi rend="superscript">r</hi>.</sic> 1<lb/>Procedure Code</head> <!-- some in pencil --> <p>9 <note>1<hi rend="superscript">o</hi><lb/><sic | <head>1824. <sic>Dec<hi rend="superscript">r</hi>.</sic> 1<lb/>Procedure Code</head> <!-- some in pencil --> <p>9 <note>1<hi rend="superscript">o</hi><lb/><sic>Ch.</sic> Means of execution</note><lb/>9 <note>§.2. Analytic sketch.</note></p> <p><note>Agency<lb/>Positive or negative<lb/>Outlawry</note></p> <p><sic>Art.</sic> For giving execution and effect to his decrees<lb/>a Judge may operate either in the way of positive or<lb/>in the way of negative agency: positive, as in the ordinary<lb/>way; negative by withholding of judicial services:<lb/>services which but for the offence committed by non-compliance<lb/>would be due.</p> <p><add>In English practice</add> Under the name of <hi rend="underline">outlawry</hi> this mode of operation<lb/>is an ordinary one. But in this case it is indiscriminate<lb/>applying it to all judicial service, and thereby<lb/>directing the <del><gap/></del> prisoners delinquent of all rights without<lb/>exception: or at any rate without very proposed and<lb/>deliberate exception. It is moreover lumped <add>conjoined</add> and lumped<lb/>with positive agency, the property of the outlaw being <add>judicially</add> prehensible<lb/>and <del>in</del> judicially vendible.</p> <p>Moreover the evidence on which it is founded is<lb/>that sort of evidence which in its nature can not but tend<lb/>to false results: and <add>in</add> which if justice were the object no<lb/>judgment would ever be grounded. <del>F</del> In this <del>as in</del> case as<lb/>in all others it takes non-compliance as conclusive<lb/>evidence of <del>contempt</del> delinquency in the shape of contempt<lb/>of the authority of the judicatory: whereas it<lb/>may as easily be and is perhaps as frequently is the<lb/>result of inability to <!-- brackets in pencil --> [exhibit] <add>return</add> such compliance.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
1824. Decr. 1
Procedure Code
9 1o
Ch. Means of execution
9 §.2. Analytic sketch.
Agency
Positive or negative
Outlawry
Art. For giving execution and effect to his decrees
a Judge may operate either in the way of positive or
in the way of negative agency: positive, as in the ordinary
way; negative by withholding of judicial services:
services which but for the offence committed by non-compliance
would be due.
In English practice Under the name of outlawry this mode of operation
is an ordinary one. But in this case it is indiscriminate
applying it to all judicial service, and thereby
directing the prisoners delinquent of all rights without
exception: or at any rate without very proposed and
deliberate exception. It is moreover lumped conjoined and lumped
with positive agency, the property of the outlaw being judicially prehensible
and in judicially vendible.
Moreover the evidence on which it is founded is
that sort of evidence which in its nature can not but tend
to false results: and in which if justice were the object no
judgment would ever be grounded. F In this as in case as
in all others it takes non-compliance as conclusive
evidence of contempt delinquency in the shape of contempt
of the authority of the judicatory: whereas it
may as easily be and is perhaps as frequently is the
result of inability to [exhibit] return such compliance.
Identifier: | JB/052/501/001"JB/" can not be assigned to a declared number type with value 52. |
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1824-12-01 |
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052 |
procedure code |
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501 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
d9 / e9 |
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jeremy bentham |
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17174 |
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