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We are now Law the of on the words of which
Weighing it, the reader will observe no provision was introducing <add> corresponding to that that this word is
as not warranted to be not worth by any thing in the original tho' no purpose
of the net sum do demand it equally with that which
follows it. To make amends we have the letter has been inserted given as
over: it having been already inserted at the of in the middle of
said Section at the distance of 43 from this. Variations
there are indeed between the 2 clauses as usual, then
it is the Master or Driver only that was thought of
here we see it is every body the Master Driver or any body: there the
penalty is to be 5 £ to a farthing neither more
nor less: like it may be any thing from 40s to
4 at the discretion of the Justice.
If When a Master or Driver were to be informed against,
for the offence & found by the Magistrate were inclined to fine him
more than the £5, it might not be an a very easy matter
for the Magistrate & the delinquent to settle it the question between them
whether this could be done or no: the like difficulty then would occur be
between the Magistrate
& the Informer if he
were proposed to
fine him less.
Hang the thread of [human] life
shall be adjudged guilty of Felony.
thinking it enough to hang the man himself without
starving his wife posterity and children, licencing all men to
committ murder in his presence,
or producing any other of those whimsical effects
which follow upon an offence's belong made felony
while men thinkon nothing about the matter
I am sorry the wayward not to be able
will not permitt me to abate any thing of this long long winded & mysterious jargon
in which the wayward tortuous texture of our jurisprudence has envelopped a
sentence the suppression which might be as simple as it the theme is terrible.
But it is necessary he should be deemed so before adjudication as to any good purpose it can have
in order to arm the law proper with the power of summary apprehension
and other preparatory powers.
That I may not have to reproach myself
with the most remote probability of having given birth to an event so horrible
of having given any mischief the
from so alarming a piece of knowledge, I must
be permitted to observe that there could not be
the least doubt but an Act of Parliament a Law would
be made on purpose to restore the competency
of the witness in such a case, tho' it were an expert facto one
if necessary (for I knew not previously what author but I believe
it is SrMc Hale who has somewhat started a
doubt whether it would hold good in respect of
new created blames)
& that the incompetency follows not till after
conviction
To see a man hung out in a cage from the top of a precepid
could not but cause a man of a sensible frame of mind
to shudder though his judgement should teach him to
the strength of the tackle is a sufficient security against a fall
any man innocent in the eyes
of the framers of this clause.
a man of a sensible frame of mind could not but shudder
if to see he saw one hung out of a cage
Letter By Day or Night O. at one o'clock at two a Clock
at 1/2 after 5 and at 3/4 after 7 — In hot weather
and in cold in wet weather & in dry .... If this shouts
be necessary, those others are so too — I know how
this came here Willfully or maliciously but it is so plain that it has no business here, that the reason is not worth mentioning.
"Wilfully or maliciously" — O. be even a variety of instances
we have already seen these plemactic
excresences a disease, we may now see behold them —
deadly poison. Wilfully is [+] The workman therefore who takes down
these several articles here specified when old in order to put up
new does it in his sleep or does it wilfully
In this 1st place Willfully is necessarily included in "maliciously" therefore
it is of no use needless <add> useless. In the 2d place d "or" is either
subjunctive or subdisjunctive — disjunctive making
the passage to mean "either whether wilfully or maliciously
subdisjunctive as if they were different making it to mean willfully
i:e: maliciously as if they were the same Now neither is willfully
the same as maliciously nor will it do instead
of it. [+]
We had once have already one instance of a Statute to for made no other purpose
than that of a page or two of words, are or was is turned into one and: this
but to turn or which it
may afford another. performed to the admiration of beholders
in a manner as simple as the French
man's machine in Hogarth's marriage a la
mode would draw a cart out of a bottle.
It took not up above a page or two.
Another such page or two it should seem
might be at least as well bestow'd here
If there be seen case more than another in
which we are entitled to expect precision it
is this that where the life of man thread of life hangs upon a word d succedameous
accordingly in wordiness the common commodity Statute that passes
contract instead of precision, this the Section before us sufficient
partite abounds
Words accordingly (which in the Statute currency
for precision) are got together in more than
ordinary quantity and with the ordinary success.
It would be uncandied to given to misdirection
I will not be so uncandid as to insinuate as if
that there can be any real natural danger
any serious apprehension
It would be uncandid in me to insinuate, for assuredly & certainly I do not believe, that the loss
of any man in there's innocent stands on account of this clause in any real danger: but
the loss of the innocent put in jeopardy, tho' it be but apparent, is an alarming and unseemly sight:
first and must touch a sensible mind as just would the prospect view of a man hung out from
the top of a lofty tower in a strong cage, although a little reflection should
shew the strength of it, to be such as leaves no room for any real danger of its
falling.
And who can
answer for the
effect of a clause
in which certain
"the letter "
on an ignorant
mechanic in whom
so many cases of concurrence
conspired to in conspiracy
keep up
so many such formidable an
apprehension
of the Law.
produce raise reach
the same hand
in
the thoughts
of which
insures it
against any
possibility probability of
a fall
Before mentioned — where before-mentioned? In this Section it would the answer would be immediately answer
but unhappily there is no such things as this Section or as any Section in a Statute as we have
before observed: under this disadvantage, such would have been preferable to before-mentioned
because the application of the post is naturally confined to the last subject matter
assumed: whereas the latter Statute is over the whole instrument.
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109 |
turnpike act observations on xviii |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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