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40
Observations
DIGEST. Publican's Law
his customer were licensed or no: and if not
to be licensed, was the circumstances of the quantity ordered
if exceeding that which should be thought fit allowed by Law would naturally put
him upon the inquiry: and that more than that quantity
should have been order'd and furnished, and the Customer
have been at the time a Retailer and unlicensed, and the Brewer
have no inducement to suspect it, are circumstances
the concurrence of which seems to be too
improbable to furnish a conclusive argument against
a general regulation.
Upon the whole it may seem perhaps, that the obnoxious
practise in question may be so effectively combated in the way of
direct Legislation, with so much effect that the assistance
of Indirect Legislation may not be necessary to be called
in. And I believe in point of fact, this regulation is
seldom put in place thought of in the design of putting of it in force.
If however the regulation in question with the
supplements above proposed should be thought useful
some other alterations must be made in it as it
stands at present, in order to give it a probability
of being executed. The penalty of 6s.8d. for a barrel whatever it may have
been at the time it was established certainly is
not now an adequate one were it even made recoverable in the cheap mode of
summary procedure: by which it was And the mode of procedure
in which it is made recoverable being no other than
the regular one, the profit to the in the penalty in order to punish afford
such a profit to the informer as would make it worth
his while to encounter the hazard of litigation, must be
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jeremy bentham |
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