JB/071/193/001

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C Of Culpable Insolvency. Imperfection of the Bankrupt Laws.

In the Bankrupt Laws there does seem to have been
some notion of distinguishing between innocence and guilt.
But the distinction is not submitted to the opinion of a
Judge: it is left to be determined partly by the humanity
or inhumanity of the Creditor, partly by the caprice of fortune.
As to prodigality the Laws know but of two species,
Gaming and portioning out Children. And in both cases the
same sum spent is made to afford the same evidence of prodigality;
and this whether the Bankrupt were the occupier of a Chandler's
Shop in the country, or the first Merchant in the World.

The Distinction between Bankrupts and other Insolvents Improper. Why all this difference between Insolvents in an out
of Trade? Between the Creditors of the one and the Creditors
of the other? Why is the former to suffer Imprisonment for
life, and the other nothing? The answer is, that the Law
in its wisdom is pleased to make two suppositions: the one is, that suffices none but no man who is not a Trader can ever be unfortunate: and that
the other is, that no man who is a Trader never can ever be dishonest. This is the reason why the
Creditors of the one can never compel him to discover his
effects till he had spent them all in Jail; nor any Creditor
of the other ever punish him for his knavery.
To

Identifier: | JB/071/193/001"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	193	Info in main headings field	of culpable insolvency
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f17 / f18 / f19 / f20
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23596
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