JB/079/093/001

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1
Observations
Inferenda, Recognizances

In continuation from p.25. As to the second objection, that which arises from the incommodiousness
of the mode of procedure whereby a
penalty thus created is pursued to execution, against this it is
to be obviated by , in the instance of this particular
head of delinquency, a provision is made in the
same Statute. This The prosecution is to be at the
Sessions: the formality of a Grand Jury is dispensed
with: The determination is given to a single submitted at once to the
petty Jury. This however is but a palliative. The recognizance
is as the phrase is, to be estreated into the
Exchequer: The prosecution instead of being concluded in
the Court where it began, makes a sudden stop when
it has got as far arrived at Judgment: the order of Execution is to issue
from Westminster Hall: Tis from Westminster Hall that the Prosecutor is sent to get the order of Execution
and when brought just as they are bought into sight of almost into
port, the prosecutor and accused are plunged back just as he had brought his into port blown off
into the stormy ocean of regular chicane.

What prevented the mischief from receiving a compleat
remedy, was the sound of the word Recognizance. Of Recognizances
the [adjudged to be forfeited by other Courts] judgment of forfeiture had been passed
upon them by other Courts, and the penalty had always
been levied by process out of the Exchequer.
By process therefore out of the Exchequer they must still [continue
to] be levied or not at all. It is true that in the
common mode of proceeding the prosecution was to be
brought on conducted as far as as far to Judgement by a tedious and intricate an <add> and therefore
expensive mode of procedure species of action called a Scire facias: carried on at Westminster Hall, & Assizes and

Identifier: | JB/079/093/001 "JB/" can not be assigned to a declared number type with value 79.
Date_1		Marginal Summary Numbering
Box	079	Main Headings
Folio number	093	Info in main headings field	observations
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 e3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25535
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