058-255.xml

Title: [26 Oct 1805 Evidence Securities]

Description: 26 Oct 1805

Evidence

Securities

Ch. Procedure Natural

''. Beneficial Consequences

12. It is by this means and this alone that any one object whatsoever of the class of things, moveable or immovable can be secured to the right owner against wilful destruction or deterioration or embezzlement. Brought into Court /before the Judge in the presence of the guilty/ before he has had time to compleat his dishonest purpose, he may be compelled to give effectual security for the production of the object in statu quo, to abide the work of the cause.

Note

(a) Under English procedure /In regard to things moveable/ affords no means whereby any cash article of under the value of ,10 can be removed by the owner on any terms: nor, if /though/ /when/ above that value, but by a mode of procedure which affords ample time to the wrongdoer /usurer/ to dispose of the thing as he pleases /according to his pleasure/, In regard to immovables, [...?] [...?] not be assimilated: but if it be any satisfaction to a /the/ wrongdoer to pull down a house, or destroy the beauty of a residence by cutting down trees, it is his own fault /he has nothing but his own [...?]/ if he does not compleat the mischief before what is called Equity has time to stop him. All that /For almost/ Common Law does for the party injured is to give him money under the name of damages; and it then rests with the wrongdoer to turn[?] the article to himself the price thus set upon it. The price is commonly /what is regarded at /as// the general marketable value; without regard to value of affection or other relative value: so that if the article be worth more to the wrongdoer than the price current to the wrongdoer himself, the difference is so much clear gain to his [...?] appetite: if it be worth more to his adversary the party injured, the difference is in favour of the wrongdoer so much clear gain to his irascible appetite.

According to Blackstone under the law of England, as one right there fore not a remedy: he would have been nearer the truth had he said no one right think has its remedy. A point on which the law of England is probably more definite than that of any other nation is mentioned by law as among the chief of such of its peculiar excellence. The most efficient of all existing /established/ systems for the benefit of those by whom and for whose use it has really been made, it is of all systems the [...?] and most helpless for the benefit /[...?]/ of those for whose use it has been pretended to be made.

JB_058_079.xml

Title: [8 May 1805 Evidence Introd]

Description: 8 May 1805

Evidence

Introd.

Ch 5. Collateral Incidental

'.4. Vexation - Persons

3. Imprisonment (provisional) for the purpose of securing actual justiciability and personal forthcomingness. This branch of juridical vexation is in general confined to the station of defendant, and in that station to those suits for the purpose of which such coercive means of assurances are regarded as indispensable.

In some cases, in the view of diminishing the vexation, an engagement is accepted on the part of third persons, who, through friendship to the defendant, are content to subject themselves to a pecuniary loss in the event of his failing to become personally forthcoming or in some other way actually, justiciable, at the /an/ appointed time. In these cases the personal vexation is taken off /removed/ from the shoulders of the party, and in the shape of eventual expence, and present anxiety, transferred upon those of his friends.

7(a)

In English law in which the use of this accusatory[?] expedient seems more abundant than in any other established System, such persons are called Sureties or Bail: the act of procuring persons subject themselves to this obligation is called finding Bail: on the part of the Bail the act of undergoing examination for the purpose of satisfying the Judge of the sufficiency of the security is afforded by them justifying Bail: and the defendant who is liberated from the imprisonment in consideration of the vicarious security thus afforded, is said to be bailed.

148-115.xml

Title: [1821 Oct. 29 B To Toreno 3]

Description: 1821 Oct. 29 B

To Toreno

3 o

Letter VII

Blasphemy

4

4

When, for an act by which no small evil either in the shape of pain or less of pleasure is produced, punishment is appointed to be inflicted, attention should be paid—not merely to the deal of coercion and thence of uneasiness imposed on every person who feel disposed to practice the act, and the punishment to which men may be subjected for practising it but to the facility afforded to malitious adversaries for the subjecting to the punishment by means of false testimony men by whom no act of the sort in question has really been committed. In this case in a manner more particularly manifest are all acts which leave behind them no perceptible material traces, and in particular spoken words.

The greater the publicity of the act the less the danger of mischief on this score. But if it be of such a nature as that it is capable of being committed in the presence of no more than a single person, as in the case of words spoken, attach punishment to the evil[?] you thereby give a sort of licence to every person who has malice /malicious enough/ to accept it a licence to subject every adversary of his at pleasure on condition of declaring in the way of judicial testimony that a act of the sort in question has been done by the individual in question when assertion has no foundation in fact.