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13.
C
Of Culpable Insolvency —
happens that he has or has not friends who are at the same time one able and
willing to pay instead of him. And why should a man who
is friendless suffer a punishment from which he who has friends is exempted: he who is least able to bear it, have [+] [+] more laid upon him, than he who is best able to bear it. The opposite would be the juster plan.
— certainly Unprofitable. But whether inefficacious or no, it is at all events unprofitable. Why? Because for a man to feel to a certain degree
for another, that other must have felt still more: and because
the Insolvent and his friend are both made to suffer instead
of the Creditor: two persons instead of one.
Idea of Badges from whence taken. In Scotland there is a custom not much indeed in use
of obliging insolvents to distinguish themselves by a particular
dress. The Idea seems an excellent one. I have endeavoured to
improve upon it; but in the application no settled distinction
seems to be made between misfortune and delinquency. I have
here been endeavouring to improve upon it.
Absurdity of the English Law. If I were desired to make as bad a system of Laws as
I could think of relative to Insolvency, to save trouble I would
give in that which prevails in England. Some of the principal
features I will here exhibit; because it is but too certain that
many of them are to'be met with elsewhere.
Hardships upon Insolvents at large. With regard to Insolvents at large, in the ordinary course
any one Creditor may keep his debtor them in perpetual Imprisonment. Innocent
Identifier: | JB/071/192/001"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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192 |
of culpable insolvency |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23595 |
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