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1827. Novr. 5 +
Law Amendment.
Propositions
Ch Procedure
§
Excuses
Excuses or for distinction sakes say Excusations
1
Of excuses from
compliance to mandates
occasions various
Various are the occa purposes for which and occasions on which in the course of a suit mandate
emanating from the Judge will have become necessary: correspondently
various the respective pain of those same mandates. [At the same time]
, Of all those mandates that is to say sorts of mandates not
one can there ever be with which in the case on the part of the individual to
whom the it is addressed, compliance at or within the time proscribed
or indeed on or within any time can to a certainty be possible
2
To no mandate
practicability of
compliance at all
times certain
To state the existence of any such cause to make declaration
of the existence of any such cause is to make an excuse.
As ground of exemption from punishment for non compliance excuse
in so far as consistent with truth must therefore be admitted or unless in every case in which it has place suffering produce
and thence unjust suffering must be inflicted.
3
Impracticability of
compliance 1 physical
2 prudential
Excuse, alledging physical impracticability: excuse
alledging prudential impracticability. By a a case of
prudential impracticability understand a case in which though
the doing of the thing required to be done is not impossible, yet
by the doing it more greater evil would be produced than by something
to do it.
4
Excuses 1 general
2 special
Excuses general — Excuses special. By general excuses
understand those which apply to be have application to the matter
of every sort all sorts of mandates of of all sorts in all times and place.
by special those which apply respectively to mandates of different
sorts, or to a mandate of any sort at in at or within this or that particular time or at
or within this or that particular place.
Of general say universally applying excuses examples are
the following —
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