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Procedure.
TURNPIKE ACT. Evidence.
I know not on what particular occasion, I first put
to myself the Question, What if a witness neglects
or refuses to appear? I turned to the Title Evidence Dr. Burn's Justicus
in expectation of meeting with some Legislation
provisions or at least some judicial determination
I questioned first my own diligence, next the accuracy of the compilers nor was it till I saw no other ... left, that I rested the charge on the providence of the Legislature.
relative to this matter. I made other a variety of other
searches, but all in vain - I could not persuade
myself but that
I consulted men knowing in the profession;
whose observations observances confirmed to me it's non-existence.
It was not till lately in that looking over a another work
of the judicious writer above mentioned, [ entitled
"a History of the Poor Laws" I found in a sort
of Appendix entitled "other Defects in the Justice
Law which indeed have no particular relation
to the Poor Law, than amongst several other
particulars [very valuable &] every well deserving of
attention, an instruction slate of exposition of the statement [the solution
of] the law in this behalf..
NOTE. I take the Liberty of making this remark, in hopes of inducing the learned Author may to incorporate this Title with the further editions of his "Justicus" to which they seem naturally to belong: & in mean time to apprize others of sd to whom it may not have occurred to reach for it in a Book as entitled with such a Title
When the nature of the subject strongly induces a reader
to expect an article, it is a satisfaction & often a
saving of much trouble to him to apprise him of its name - existence
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The propriety of a decision must depend upon information
which the witness is those who can give it are not always entrusted
to give furnish voluntarily,which they are often interested even commonly interested to
withold, & which those who are concerned to possess
it, have no power to compel. What should one
say, if the Superior Courts were to be deprived of have these
the power power taken away from them? We should say, they
might as well be taken away themselves. yet
there is nothing in the constitution of the 2 Jurisdictions
The trouble & expence of a Journey of 10 or 17 miles which perhaps may require repetition to be performed more than once are more than a pure zeal for Justice may render agreeable to all men which renders such a power indifferent
to one, where it is necessary to the other.
The obligation of hearing both sides is if any is a maxim
of universal Justice, the rectitude of which cannot I
suppose be voided, by any circumstances, certainly
not by that of the route of the Jurisdiction.
If the mischiefs have not be no suspect instances of mischief from the want
of this power have made their appearances it is the chief reason
because seems to be that it must appear so necessary to the plain sense of mankind to the plain that its non existence
can never be respected.
---page break---
Those who may be scandalized to see all this pains
taken to prove that 2 & 2 make 4, may consider
that it is some 9 years since the same matter
has been observed upon in vain. [by an Author of reputation.
Meanwhile I had reason to observe in reading, instances
where this power was given by special provision
in a Statute; these instances increased in number as I
read, tho' sparingly, & after some additions to the number
collected by Dr Burn, I believe I may still
join with him in opinion that scarce a hundred
part of the Statutes relating - - in
provided with this expedient clause
VIEW || That this difficulty is something more than chimerical
|| not transvariable i show 522 the caution observed in another Statute + + 9.G2.23.13 Gin-Hawking .II. Burn Exc. 134. to avoid this
very difficulty by giving the whole penalty in
such a case to the poor instead of app dividing distributing
it as it does in other cases between the poor
and the informer, may serve as a proof || that it is of its'
being something more than chimerical
|| to those with whom precedents weigh more than reasons
---page break---
Thus it is, that many Tables of the Law, may seem to be become capable
of reduction, not two - nor tens [ only ] but a
hundred fold.
ELECTION
I have heard it assigned as a reason for this + + another reason the of the Magistrate ( per
Mr Grove) that the reformatory delinquents being
in a conspiracy will support one another in
their disobedience & make a purse to indemnify
a sufferer: that therefore the simple Penalty would
not be high enough without it were enhanced
by the charges of a regular Prosecution.
If it is not high enough upon the whole
increase it there increase its' apparent
magnitude, which is by which it operates governs its operation
Either this combination produces augments the
number of delinquents is augmented under powers of such a combination or it does not: if
it does not, it affords no reason for increasing
the Penalty: the disease not being augmented
there is no occasion for augmenting the doze of
the Remedy. If it does, a proportional diligence
will make the number of convictions be in proportion.
And who can tell what certainty is there before heard whether the Deft will merit with such support What probability therefore is there of the extraordinary being applied to that case for its' utility - in which it is here defended?
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