★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
corresponding to it: That it is so as from a District which has not separate Justices
of its own; all such divisions within a County, being within
the Jurisdiction of the same set of Justices that are Justices
for the whole County. That it is so is evident from the
constant acquiescence of the Legislature in a practise which has
proceeded as if Hundred, were the Divisions mentioned.
By these means the meaning of So inadequately therefore has the Legislature in this instance expressed
itself, that it's real meaning is no otherwise
to be obtained than by the understood than by the exposition given of it by usage; the
knowlege of it no otherwise to be obtained acquired than by the accident those who
of being happen to be apprized of a matter of fact totally unconnected of which no
notice is to be collected from the Law, a practise that has
obtained contrary to the most obvious import of it. A question
who that would naturally occur here to any one who is new
to the subject, is, how this usage came so immediately to
have obtained? The answer is, that it is not from this
that it commenced but took its commencement, but from a very ancient one,
that of 5 & 6 Edw.6. c. 25./1. which This Statute committing the business
to the Justices of the Peace in general ( so that
two at least joined in the conducting it) was understood to have
left it to themselves to settle the particular method of proceeding;
and it is in of under that tacit authority that they
have fallen into a custom now generally, I believe, observed
throughout the Realm by the Justices of Counties of resolving themselves into as many
tribunals for this purpose as in each County there are Hundreds.
This Custom the modern act found established; and it
Identifier: | JB/079/082/002 "JB/" can not be assigned to a declared number type with value 79.
|
|||
---|---|---|---|
079 |
|||
082 |
digest publican's law observations |
||
002 |
|||
text sheet |
4 |
||
recto |
e1 / / / e4 |
||
jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
||
25524 |
|||