JB/057/091/001

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21 May 1805

Evidence Procedure

Execution
Ch. Execution
§§
2

The case in which the mass of operations expressed indicated by the word
Execution is most complex, is that in which the order following
on the decision or judgment is an order to raise out of such property
of any kind as may be forthcoming on the part of the defendant,
a sum of money: the sum adjudged to be the demandants' due.

To raise money out of property, is to sell it, eventually at any
rate, if not in the first instance. This throws upon the minister
of justice, and in the shape of obligations, all those various
functions which belong to the several modifications of the
branch of trade.

Of those obligations, some will be of the same nature and
description whatever be the nature of the goods — others will be
subject to variation, according to the particular nature of the goods.

On this occasion much depends upon the nature of the
country: upon the degree of advance made in it in respect of
population and the arts of life.

In a populous town, or the neighbourhood of a populous
town, or even at a considerable distance, if the nature of the roads & other means of
communication allow of a considerable afflux of visitors in the
character of incomers, the difficulty is comparatively inconsiderable
Brokers and Auctioneers with their respective customers are at
hand; the per by the one means or another the property finds its
value; against oppression, extortion, corruption on the one part, loss and
speculation on the other a tolerably effectual provision may be
made.

In proportion as a country is more and more thinly peopled,
the difficulty to the honest officer of justice, the danger to the unfortunate
suitor and debtor, is proportionally encreased. In Norway, and
Sweden, in many parts of the Russian Empire, in many of the new settled
districts of America, the difficulty and danger may be extreme.

Identifier: | JB/057/091/001"JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-05-21	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	091	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18421
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