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Under In the Offence of Mischief whether Mischievous
or Wanton + + or even accidental
under certain
restrictions — especially
if negligent.
for
One of the questions
to the Jury is a
notion of false arrest
on this ground may
be did the Deft appear
as not a responsible
person? only there wants a power of apprehension
as for persons at large of apprehending
offenders detected in the past. The common
objection is in these cases is, that it such a power in these cases is too
great a restraint upon liberty, & giving powers
that are it would be very liable to be abused. But [it should be
consider'd] this is giving no more physical
power than to any man than he had before:
without such a power as well as with it,
any man may carry off any other to a Magistrate
or any where else that is not strong
enough to resist him — All that it does
is to provide is in the first place that the
Magistrate would be enabled to do in 5 cases the
Justice he would wish to do and all, instead of to one and
which he could have done it before ——
in the next, that if it should come out, upon any
action brought for false imprisonment that
the arrest was for this contributing in this way
to the execution of Justice, the arrestor would
if it were, not be punished if it was paid with it after such a power given, as
he would || || without it if it were not.
But Motive or Interest it may be still but
said, will may take advantage of some petty
tho' real mischief + + Damage to work by means of
this power, a substantive injury: as in the
instance where the offender may be a
Seaman obliged to be on board his vessel
at a certain time, or else lose his voyage.
To this again it may be assumed that may
be obviated by providing that if the mischief damage
be a trifling and the ill consequence to the
offender so great ( & this notified to the arrester)
that it may be presumed it was the working
of this injury & not the procuring compensation
from the trespasser that was the motive
to the arrest, the party arrested may
be entitled to such damages as a Jury would will
give just as if the arrest was without
pretence.
It is to be observed that no arrest which can
appear to have been made for the purpose
of carrying the party to justice before a Magistrate
& consequently come under this justification, can
well continue so long as 24 hours: as without
Compare this with other cases were arrest is given
by Common Law or Statute.
time viz: when the parties are before the Magistrate
it will appear whether the arrest
is fit to be continued
Now for an Imprisonment without any such excuse,
for no longer time than this very small no very
considerable damage would be given, unless
proof of the aggravating circumstance [we are speaking of]
would be given: & if where it is case, then the power
ceases to be an excuse.
MISCHIEF. Power of Apprehension wanting. [BR][4]
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Identifier: | JB/070/277/002 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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277 |
mischief - power of apprehension wanting |
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002 |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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