★ 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
1 TURNP. A. Procedure. New.
So Thus oft hath the Legislature by force of ill consider'd
bounties, father'd those hands it meant to put in
motion.
I know it is not unexampled and I believe, it is
not very uncommon, for one man, occupying the
whole Parish, to be charged with the whole burthen
of the maintenance of the Poor: of that fund on which the maintenance of the Poor is charged In this case
& therefore to the entire profit we see the interest is as strong and as entire, as if
the penalty had been given to the Witness.
It often happens The same may be said with regard to the
Roads.
At any rate it must be admitted that these the
Burthens are often rest on so
small a number of persons
on whom these burthens rest is often-times so small
that the proportion of the same which devolves upon each of a
sum given in case of those burthens becomes
a palpable object.
These penalties thus loosely appropriated are not always brought to account
---page break---
2
At the same time it ought not to be dissembled,
that the bias towards untruth is not so great as
at first sight it may appear: pieces of this interest consider'd as a motive to untruth for in exact proportion
as the temptation increases becomes great in itself, the
presumption of it's influence decreases:
for it is the ratio always of a sum equitable to a man's actual property & not it's absolute amount that is the measure of it's influence on him
for £5 is not more to a man who has a thousand
a year than 40 10' is to one who has but an
hundred.
acquainted with the other, both of them physicall able to
the offender or offenders if there are several,
& each of them acquainted apprized of with their legal power which it
& we shall then be able to form such some judgment
whether the complaints of the inexecution of the
laws are not true, & why they are so how they came to be so
At one time it has been determined that the no one
of those rateable inhabitants who contribute to such
kind support, is competent for that the benefit is theirs || || v. Burn Game 235.
At another time it has been determined that no
one of those who are supported receive out of it is competent
for that the benefit of was theirs +
+ viz. (unless expressly directed to be paid to the overseers which in many cases instances it is not).
---page break---
3
I would Let me therefore propose a general Law whereby all
penalties would given to the Poor should be given to the
County: or paid in which no one is interested to such a
with any degree of reason degree as can be supposed to the give a an undue bias to his testimony
Nothing indeed can exceed the weakness & helpless be more impotent & helpless of the executive
powers of this branch of the law. Unable to command the
services of any man
Perhaps that little degree of execution which they have
may be owing in a great degree to some fortunate on all
sides of those fetters || || which cramp the Law in it's execution by which the law + + energies of the Law is cramped is
In fact truth in all these cases, the nominally only one
is 2 witnesses are necessary in fact required to the fact are necessary
one who must know of it, in order to give information:
another who must have the same knowledge
to support it upon trial with his testimony
The universal aim and intention of the Common Law is
What the Law intends is, that the witness [shall]
be indifferent - whereas here he must be a willing
one or nothing can be done.
Let us take the instance Let any one compute what the chance is, that
at the instant of delinquency there be two persons
where the opportunity is positive present each of them apprized of the Law creating
the offence, each of them acquainted with the other willing to execute it at the
expence of the trouble that is necessary, each of them v. p 4. [+]
---page break---
4
The Magistrate, the person in whom there is the greatest
likelyhood that the several necessary qualities, of power knowledge
of zeal should concur, is armed with powers in a very few instances.
Let the instrument of Summons (which should be
a printed one with blanks) contain a direction to the
Deft where he may consult the Law of Summary
procedure
Give to a Deft the right to introduce thre three companions
including witnesses, (so as they behave
peaceably & without transgression of respect) reserving
into the audience chamber of the Magistrate a right being reserved of course to the Magistrate
to introduce as many others as he thinks proper
If any be excluded Let Oblige a magistrate who excludes any for transgression of respect
let the to specify & record the particular instance — that is, the Law
should intimate to him to prepare himself with to
evidence prove such particular instance.
Any expression of contempt or threatening by word
or gesture shall be deemed a violation of respect
Admonition
I admonish you For as much as you have violated the respect
which the Law wills to be paid unto it's Magistrates
I admonish you that immediately on your next instance
of such misbehaviour you shall be committed, as
the Law enjoins.
So the Magistrate may cause him to be removed to such distance from the room as may prevent his continuing - to disturb the company business.
|
Identifier: | JB/095/090/001 "JB/" can not be assigned to a declared number type with value 95.
|
|||
|---|---|---|---|
|
095 |
|||
|
090 |
turnp. a. procedure - new |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
||
|
30976 |
|||