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1825 Sept 23
Penal Code
Ch. III Offences affect Person & Rep
§.3. Challenging
5 continued
information, and by the magistrate a warrant
issued, and the parties apprehended
and brought before him separately or jointly
accordingly. Thereupon, comes the proceeding
styled the binding over the parties to keep the peace
Now of this obligation, what is the purpose and effect?
Answer it is the causing them respectively
to be subjected to the obligation of paying, to the
use of the public, the penal sum in the event
of their proceeding to the conflict notwithstanding
this engagement. This sort of incident is by no
means an uncommon one, and between with
relation to the number of instances in which
the engagement has been contracted, what is the
number of those in which it has been violated?
Here small if any, it is believed, has been the number of
these instances. Suppose, for example, an instance
of this kind should be to be formed what is the interpretation
which will be generally put upon it:
what the cause to which itwill be is ascribed. Not
any general and natural insufficiency or the
part of the repressive remedy, but some negligence
or erroneous judgmenton partialityon the part of
the magistrate in not making the penal
sum large enough.
Identifier: | JB/016/029/001 "JB/" can not be assigned to a declared number type with value 16.
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john flowerdew colls |
j whatman turkey mill 1824 |
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jonathan blenman |
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