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CERTAINTY PROSECUTIONS SUMMARY
Penalties inflicted by Penal Statues were 1st Corporal 2d — The Corporal
are either 1st Absolute Primordial Original or 2dly Succedaneous in default of payment of the Pecuniary
Mem. To mark the Provisions at every stage with the title prefixed or affixed in the margin with the Title of Necessary Indispensable General or Discretionary Occasional as the nature of the provision is. The provisions may be divided into Powers given to the Officers Ministers of Justice, to act & Restraints imposed on them from actions or 3dly Restraints imposed on parties from reacting those Restraints are either 1st Prohibitions that absolute, or 2d Regulations which are prohibitions nisi sub modo. — these last into such as have for their object the providing against 1st undue hardship principally 2d undue favor principally 3th both alike. The Officers Ministers of Justice are either 1. Retained 1st Regular or Stated viz: or Officers or 2d Occasional — as persons at large — & these coming in originally voluntarily for reward appointed by the Legislature. Reformers 2d Incidentally on special requisition — as assistants to officers Jurisdiction
For some reading
touching Jurisdiction
v. Shaw. Excise
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Regular
Summary
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Original
Definitive
By Magistrates
Of Appeal
Appealable
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General
Justices
Special
as
Commissioners
of
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One
Two
Three
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Land-Tax
Window-Tax
Excise
Customs
Sewers
Turnpikes
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Pecuniary penalty
to whom payable? 1. To the . 2d to the Poor of the Parish. 3. To the Prosecutor.
4th To the Road in Road Laws. 5. To the Party grieved — In what proportions divisible.
In entirety? — In Shares?
Evidence — 1st Confession — 2d Witnesses — In Number 1st One 2dly Two. By In 1st J. 27. Alter'd to 1 by 7. J. 11. 8. only as to Pheasants & Partridges.
3dly — Power to administer Oath to 2 G. 3. 29. 1
Time for Prosecution — or limited? Stage from which to
was an Information Information
Without Recognizance Security or With Recognizance Security? Dischargeable On what Conditions? or not dischargeable?
Security — Recognizance or Bond
Of Recognizances Security — Duration?
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With
or
Without
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Securities Collateral
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One
Several
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Two
Three
&c
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Quantum of the Penal Law
Recognizance to be returned to the Quarter Sessions & then to remark of Record as Recognizance
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taken for the Peace — 7 J. 11. 8.
Jurisdiction taken from the Place
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Where the Offence is committed
Where the Offender is apprehended
Where the Offender resides
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1 J. 1. 27.
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Oath — Justices empower'd to administer to an Evidence 2. G. 3. 29. 1
Mode of levying & Indirect in the 1st
Directly Distress & Sale of a Mass
Warrants to enumerate their species A Warrant being nothing more that an order [upon a man] including an authority to do something The divisions of it arise from the difference of the things to be done. A Warrant where sealing signing is required without sealing — viz. of Distress & Sale 12 Car. 2. 24 44. Excise In case of a Woman Wife on her Husband's good
by 22d Car. 2d. c. 1 16 Conventicle Act
v. Burn Tit. Wife 5
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With Imprisonment succedaneous v. Burn. Excise 26
Without.
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Distress. 1st Power to break open Doors. 2d Opposition from the Owner. Extat speciation as in 7. G. 40 Turnpike Act 3 Time within which within
Desiderantier generation — Extat speciationSuch the after the Warrant granted within which sale must be made Extat generation by 27 G. 2. 20 not less than 6 days, nor
more than 8.] 4 Deposible on Payment of the Money. Extat generation 5. Charges of Distress to be added to the Penalty — & settled either 1st
By the Officer in the 1st instance Extat generation by implication or 2d [What ought to be provided] by the Justice Desid.r. 6. Surplus to be
returned. Extat generation 7. Officer to produce the Warrants & suffer a copy to be taken. Extat Generation 8. These Provisions
ought to be printed on every Warrant of Distress, & shewn to the Party. Desid.r 9. Provisions against
eloignment in like manner as in Distress for a Landlord. Desid.r Distress Things distressed how to be used. v.
Shaw. Excise 361. — Bona aliena whether Distressable?
EVIDENCE Among Alternatives discretionary that to be distinguished with a particular mark which is preferred: & notice to be taken whether it is preferred on an intrinsic account, or from the circumstance of it's being in most frequent use. Restoration of competency [Extat speciation] from interest arising 1st from inhabitancy
[ speciation] 2d From informancy Informership [exstat speciation] 3. Power to compell. Penalty 1st equal
to the Sum depending. [exstat speciation Qu] greater — [exstat speciation] less. [exst. spec.n] Limits Distance
within which to be obliged to come. Essoin — if for it has on Oath if at home of the witness himself — if
abroad if his Wife, Child, Servant, Master Fellow-Servant, Inmate. [Contubernalis — Constant or occasional
Penalty if Essoin false. If Bed-ridden — Justice to go to him. so if a Peer or Member, Justice not being one.
charges of travelling — payment — By whom to be made — By the party prevailing. These provisions
to be printed in every Instrument of
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