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<head>TURN. A. PROCEDURE</head><lb/> <note>EVIDENCED CHARGES</note><lb/ | <head>TURN. A. PROCEDURE</head><lb/> | ||
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<p><note>EVIDENCED CHARGES</note><lb/> Propose that the Justice may allow <add>if he thinks fit</add> travelling<lb/> charges according to the condition of the witness, not<lb/> exceeding 6<hi rend='superscript'>d</hi> per mile to be paid by the party<lb/>in the wrong: unless the evidence be unnecessary &<lb/> <gap/> in which case at all events it should <lb/> be paid by the party requiring his appearance.</p> | |||
<head>Double Conviction</head> | |||
<p>Plea of <hi rend='underline'>autrefois acquit</hi> before a Justice whether<lb/>it should be good or no?</p><lb/> <p>Semble que non - as there would be no correcting<lb/> a mistake of this sort but <gap/><lb/> by the way of Information - & no Information<lb/> would be granted for an error and opinion<lb/>so that if there was the <del><gap/></del> least <unclear>pretence</unclear> to<lb/>say that the fact <add>proved</add> did not come under the statute<lb/>a delinquent might go free: either individually<lb/>or by contrivance of a friend, for understanding<lb/> how to put to profit <add>in this way </add> the <add><gap/> in</add> <unclear>humility</unclear> of some<lb/> Magistrate.<lb/> <note>to avail himself of<lb/> turn ... to advantage</note></p> | |||
<pb/> | |||
<p>All that the bounds, or the design of this essay<lb/> will permit <add><gap/> of</add>, <del>is to give a brief intimation </del> <add>by correcting the imperfections</add><lb/> <note> as fas as is <sic>diducible</sic> from </note> & supplying <del><gap/></del> <add>some</add> of the most obvious dependencies<lb/> of the specimen <del><add>text</add></del> under <add>before us </add> consideration, to give<lb/> a slight intimation <add>foretaste</add> <del>how much</del> <add>of what remains</add> <add>is waiting </add> to be done<lb/> [and order to give the system of procedure the <lb/> perfection which <add>it</add> [it's nature] admits of]</p><lb/> <p>A full and accurate <sic>compleat</sic> <sic>discription</sic> of that topic <add>subject</add>, would<lb/> demand a work apart.</p> | |||
<p>To <del>justify</del> enter into the merits of each component<lb/> <add>provided</add> part, & <del>from a comparison</del> to explain the reason why it ought to find a plan<lb/> to establish it by a comparison with not others<lb/> as have been adopted in the late for this place <add>station</add><lb/> which it <unclear>scuppers</unclear> <del><gap/></del> & such others as could be <lb/> conceived for it.</p> | |||
<p><note>COSTS 2<hi rend='superscript'>ly</hi> & 3<hi rend='superscript'>ly</hi></note><lb/> The <unclear>punitive</unclear> practise of taxation cannot be of very <gap/>standing<lb/> data the 1<hi rend='superscript'>st</hi> instance of double costs given being<lb/> by 23 John 8 2.g & 7. <add>6<hi rend='superscript'>th</hi> <gap/> of dark is in 62 Cor. 2 29 d 35 Excise Act </add> & of treble <gap/> <gap/> .2 ff4.<lb/> & quo <add>[<gap/>]</add> where was the first case of compensation likely <lb/> to induce such a constriction.</p> | |||
<pb/> | |||
<head>AUTREFOIS <del>ACQUIT</del> CONVICT+</head> <lb/> <p><note> + When the first conviction was before a justice good <unclear>procedural</unclear> by Common Law <gap/> 131 in <unclear>Murn</unclear> Word 372 </note><lb/> This <gap/> is no more than comon law has<lb/> made <add>established</add> & Common sense directs to ..&c</p> | |||
<head>summons</head> | |||
<p>For an offence against SS10 in not having <lb/> an inscription should it be directed to the <lb/> owner of a <del><gap/></del> Carriage &c or <del>only</del> <add>will</add> to his <lb/>Agent do? Semble the latter as in case<lb/> of a Nobleman keeping forms in his hands</p> | |||
<head>EVIDENCE</head> | |||
<p>There is no provision for admitting <unclear>temperas</unclear><lb/> whether <del><gap/></del> consulto or <gap/> instruments <add>as</add> evidence:<lb/> at the discretion of the Justice <del><gap/><gap/></del> with or without <lb/> the consent of the Informer.</p> | |||
<p>If the 1st sort <del>is</del> is undoubtedly convenient, tho'<lb/> possibility of inconvenience might be suggested: yet<lb/> weaker here and in the case of <gap/> where<lb/> the practice is established.</p> | |||
<p>Of the latter - is no possibility of abuse in some <lb/> cases, where the were instruments or ways <gap/><lb/> <note> as affording means of <gap/> & pardoning offenders by a collusion </note>consequence of <add>an opinion of</add>their employer's having <gap/>: although <lb/>the circumstances should be such, that he himself could | |||
<pb/> | |||
not have any - as in the instance if Wood<lb/> <gap/> that <unclear>43El. 7. Dr <gap/> 6E 3.48</unclear></p> | |||
<p>So of <gap/> of the <gap/>bound men on <gap/><lb/> Road, 7.G.<gap/>.40</p><lb/> <p>This being <unclear>consistory</unclear>, <gap/> way in such cases<lb/> in a manner all means of compelling evidence <lb/> to testify ( although there were means of compelling<lb/> them to appear) as this accuses themselves <lb/> <del>by</del> disclosing that which if testified<lb/> were as a ground to convict themselves.</p> | |||
<head>ELECTION</head><lb/> | |||
<p><note> have the means of <gap/> right to be informed</note> The subject <add>Every man</add> ought to know for certain ( as far<lb/> as <add>it is in</add> the Lawyer's power to inform him) the<lb/> the consequences of a transportation.<lb/> <del>the effect of </del> <add>by his <gap/></add> the effect <unclear><add>efficacy</add></unclear> of the penalty</p><lb/> <note> when the principal is a <gap/> in comparison of the accessory when what he is to suffer in the end is but a trifle in comarison of what he is to suffer in his passage [<gap/><gap/>]</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{Completed}} | |||
TURN. A. PROCEDURE
EVIDENCED CHARGES
Propose that the Justice may allow if he thinks fit travelling
charges according to the condition of the witness, not
exceeding 6d per mile to be paid by the party
in the wrong: unless the evidence be unnecessary &
in which case at all events it should
be paid by the party requiring his appearance.
Double Conviction
Plea of autrefois acquit before a Justice whether
it should be good or no?
Semble que non - as there would be no correcting
a mistake of this sort but
by the way of Information - & no Information
would be granted for an error and opinion
so that if there was the least pretence to
say that the fact proved did not come under the statute
a delinquent might go free: either individually
or by contrivance of a friend, for understanding
how to put to profit in this way the in humility of some
Magistrate.
to avail himself of
turn ... to advantage
---page break---
All that the bounds, or the design of this essay
will permit of, is to give a brief intimation by correcting the imperfections
as fas as is diducible from & supplying some of the most obvious dependencies
of the specimen text under before us consideration, to give
a slight intimation foretaste how much of what remains is waiting to be done
[and order to give the system of procedure the
perfection which it [it's nature] admits of]
A full and accurate compleat discription of that topic subject, would
demand a work apart.
To justify enter into the merits of each component
provided part, & from a comparison to explain the reason why it ought to find a plan
to establish it by a comparison with not others
as have been adopted in the late for this place station
which it scuppers & such others as could be
conceived for it.
COSTS 2ly & 3ly
The punitive practise of taxation cannot be of very standing
data the 1st instance of double costs given being
by 23 John 8 2.g & 7. 6th of dark is in 62 Cor. 2 29 d 35 Excise Act & of treble .2 ff4.
& quo [] where was the first case of compensation likely
to induce such a constriction.
---page break---
AUTREFOIS ACQUIT CONVICT+
+ When the first conviction was before a justice good procedural by Common Law 131 in Murn Word 372
This is no more than comon law has
made established & Common sense directs to ..&c
summons
For an offence against SS10 in not having
an inscription should it be directed to the
owner of a Carriage &c or only will to his
Agent do? Semble the latter as in case
of a Nobleman keeping forms in his hands
EVIDENCE
There is no provision for admitting temperas
whether consulto or instruments as evidence:
at the discretion of the Justice with or without
the consent of the Informer.
If the 1st sort is is undoubtedly convenient, tho'
possibility of inconvenience might be suggested: yet
weaker here and in the case of where
the practice is established.
Of the latter - is no possibility of abuse in some
cases, where the were instruments or ways
as affording means of & pardoning offenders by a collusion consequence of an opinion oftheir employer's having : although
the circumstances should be such, that he himself could
---page break---
not have any - as in the instance if Wood
that 43El. 7. Dr 6E 3.48
So of of the bound men on
Road, 7.G..40
This being consistory, way in such cases
in a manner all means of compelling evidence
to testify ( although there were means of compelling
them to appear) as this accuses themselves
by disclosing that which if testified
were as a ground to convict themselves.
ELECTION
have the means of right to be informed The subject Every man ought to know for certain ( as far
as it is in the Lawyer's power to inform him) the
the consequences of a transportation.
the effect of by his the effect efficacy of the penalty
when the principal is a in comparison of the accessory when what he is to suffer in the end is but a trifle in comarison of what he is to suffer in his passage []
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Identifier: | JB/095/089/001"JB/" can not be assigned to a declared number type with value 95. |
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turnp. a. procedure |
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001 |
double conviction / auterfois convict / summons / evidence / election |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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30975 |
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