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Remarks on the Bill for improving the Coinage Laws &c
and Supposed inadvertencies in the Draught of the Bill
1 Sect 4 Ho: 6 Penalty of Fifty Pounds created and given half to the King, half to
him that will Sue as thereafter directed. No general direction applicable to
Regular procedure only by Sect 12 Ho: The pecuniary penalties by the Act imposed
are made "Recoverable" in a pecuniary way before a Single Justice.
2. Sect: 8 Ho: 8. The Justness of the Cause of Suspicion is referred not to the Judgment
of the Magistrate but to the Judgment and averment of the Informer; the Warrant may
be granted on complaint made upon Oath by any Credible person – that "there is
just cause to Suspect &c": so that if being upon Oath I pronounce these words, "there is
jut cause to Suspect &c" – this Dictum of mine without any explanation whatsoever
is Sufficient to Authorize the Magistrate to Proceed, this incongruity is but too Common
in Statutes (amongst others in one of those relative to the Coin) but it is not
Universal.
3. Sect 9 Ho: 11. Not only every Sworn "Constable and Head Borough" but "every Beadle
and Common "Watchman" (neither of whom are Sworn) is intrusted not only with
the power of seizing what is looked upon as bad money together with "every person
who may be reasonably suspected of having, Carrying or any Ways conveying it",
but with the power of delegating their power so far as the apprehending of the Offender
is concerned, to every body he pleases, – the words are, "shall and may apprehend
and detain or cause to be apprehended and detained": Was this meant as a
succedaneum to the power of Summoning persons at large to assist? If so it is a very
inapposite one. But where Bad money is so abundant as it commonly is –
what human creature is there in the Kingdom that may not reasonably be suspected
of having it. – In what sort of place again is it that this power is to be
executed? For none is Specified. Therefore for aught appears it may be executed
in any and every sort of place – in every man's house his Majesty's Palace and
the two Houses of Parliament not excepted – In Law this would bear an argument
but what does the Watchman know of law?
Do you happen to have by you any such thing as
a Round Blank of Base Metal or mixed metal or of Coarse Gold or of Coarse
Silver or Brass or Copper or lead,? the Watchman any and every is to take
it and form his judgment whither it is a fit size or figure to be Coined
or Coloured into Counterfeit money to resemble any of the gold or Silver Coin
or copper money of this Kingdom.
4 Sect 9 Ho: Foreigh Counterfeit money may under this – Section
be Seized be any Watchman &c without Oath or Warrant: under a preceding
Clause which requires a Warrant grated in consequence of information
upon Oath, it is not Seizable.
5. Sect: 9 Ho. 12. If, being apprehended by a Watchman for the Offence of
having a Bad Shilling or even a Bad halfpenny in my pocket I happen
by good luck to be able to produce the Person I had it from and do produce him
accordingly I escape the Penalty – But when he is produced, what is then to be
done
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Identifier: | JB/149/172/001 "JB/" can not be assigned to a declared number type with value 149.
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172 |
remarks on the bill for improving the coinage laws &c and supposed inadvertencies in the draught of the bill |
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copy/fair copy sheet |
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[[watermarks::c patch 1798 [britannia with shield emblem]]] |
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george bentham; jeremy bentham |
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1798 |
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50026 |
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