JB/071/190/003

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C Of Culpable Insolvency.

his power at any time to put an end to it, the severer it is the
better. See Tit. Of Torture.

Insolvency in fraud of Justice. For Insolvency in fraud of Justice the Offender might
be punished as for ordinary Defraudment or Embezzlement. It is in fact
a kind of Embezzlement. It is detaining upon false pretences
effects which, the moment his Insolvency stands confessed,
are declared to be not his property, but that of his Creditors.

Innocence to be presumed. With regard to Insolvency of which the cause does not
appear, let it be presumed to have happened through misfortune. If there be blame let it lie upon the Creditor to Shew
it.

Borrowing and no questions asked is not Fraud but Rashness. Where the Debtor at a time he contracted the obligation
said nothing of his circumstances , nor used any art to conceal
or misrepresent them his circumstances; in such case, although he
knew he had no probable means of discharging it the debt, let him
not be punished as for fraud: let him be punished only as
for rashness. As where a Man asks his friend to lend him
money without saying more; and the friend lends the money
at once without making enquiry as to his Circumstances. If

Identifier: | JB/071/190/003"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	190	Info in main headings field	of culpable insolvency
Image	003	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / f6 / f7 / f8
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23593
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