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Observations on Procedure XXIII
169 §52
Election
If a number of men were supposed to sit down & say
"What we judge sufficient for the offence offender to pay is 2d or some
short imprisonment, for some short term, at no rate to exceed 3 months
however if any man chooses to give so much
to the public [in ] so much to an Attorney, so
much such amount to an Officer, & so much to such another so many other a chosen few
the discourse could appear somewhat singular; yet this is precisely the effect of what is said here
of other Officers he may by the satisfaction of writing the draft shall be made to pay £50 or lie keeping him in
Jail for life
3 Burr 1322 Qui terms not written 32 G.2.28 F13 for discharge of Incidents for under £100
170 § 48 Seizures
The Constable not a Parish Officer Burrow
1182.
171 § 18
Apprehension View
Nothing is less uncommon than to see the forger produce each a note of some cash, calculated to influence the matter in question, yet to ask the consent & even to each other. It were a vain thing to produce authorities for what is in every day's experience. & one can scarce will read 20 pages together of Various Reports to instance that book that most descends to these instructions past intent without meeting with.
If ever there was can be a reason for giving the
process whether of summary apprehension or of Conviction
upon view it is here - & this for two reasons.
1st because it never can be more wanted. 2nly Because
there never can be can in no instance less danger of abuse.
It can never be more wanted: for the very design of
this provision is to cause make him one of this description
to be liable to be forthcoming: & the reason of it, because they are
not sufficiently so without it
There can in no instance be less danger of abuse.
Because the fact is a matter of the clearest intuition;
& which can not admit consistently with the veracity
of the evidence, of any controversy.
If it be said, that it may give occasion give room for false evidence to apprehensive abusive
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apprehensive where no offence at all has been committed
That is an apprehension without colour of right. A man who will do that stands in a need of the assistance of a Law to do that
This is an objection to the giving of the power in any
instance; as much as this: [but indeed it is no objection
to the giving the power by "Law at all.]for in any
instance It imports if there be such a power, where there is such a power given it gives
oportunity to persons to bury the past within it by
Perjury.
A Penalty for this offence without the power of
apprehension is like the receipt for catching
Birds, by throwing salt upon their Tails
Because there is no getting at them otherwise meeting with them, the
Law is injoined made upon them. and this Law cannot
be executed upon them, because there is
no getting at them. meeting with them
172 §53 34
Upon seeing observing this several modes of proceeding
specified one is naturally led to consider ask oneself what
are they? and wherein consists their difference?
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