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With the option | <p>With the option here given, the Magistrate will<lb/>resort to the one mode or the other, imprisonment<lb/>or distress, according to the exigency of the case.<lb/>If the stock of accessible property <del>be</del> appear <del>sufficient</del><lb/>likely to be sufficient, he will naturally resort <lb/>to that course in preference, as being the more<lb/>certain and direct: in the other case he will <del>resort<lb/>to</del> <add>employ</add> imprisonment in the first instance. The<lb/><add>effect of the</add> words "<hi rend="underline">with or without imprisonment</hi>" is it must<lb/>be confessed that | ||
<add>of</add> | <add>of</add> <note>operating, in case <lb/>of necessity, as a <lb/>warrant for</note> <lb/><del>commanding</del> the employment of both<lb/>of them, together, which, <del>at least according to</del> <add>hitherto, it is believed</add><lb/><del>the general run of the precedents, is not allowed</del><lb/>has not <del>hitherto</del> <add>commonly</add> been allowed. Yet when a man<lb/>has really received public money for the public<lb/>use, it <del>will be</del> <add><del>seems</del> seems</add> difficult to find a reason why<lb/>there should be any way left open for him to<lb/>waste or pocket it: which <note>however, | ||
without <lb/>a provision to the <lb/>effect proposed,</note> <lb/>he will <del>be</del> <add>find himself</add> at liberty to<lb/>do, if <del>securing</del> <add>after he has <del>secured</del> <add><del>it</del></add> <add><del>from justice</del> placed out of the reach of justice </add> the whole of his accessible property<lb/>or <del>leaving</del> <add>has left</add> only such part of it accessible to <del><gap/></del> the<lb/>distress as will be sufficient to cover but a part<lb/>of the debt, distress and sale should be the mode<lb/>pitched upon in the first instance: for then how<lb/><del>-ever</del> small soever the part levied in that mode<lb/>he must go quit for the remainder. In a case<lb/>where it is known that a man has distrainable <lb/>property sufficient to cover the debt, and<lb/>that that property has not been removed nor <del>will</del> <add>can</add><lb/>be removed before the <del>minister</del> <add>officer</add> of Justice will<lb/>have time to seize it, this <add>alone</add> <del>consequently</del> and<lb/>not imprisonment is the mode that will <del>be</del><lb/>naturally be employ'd: <del><gap/></del> if it is however that<lb/><note>he</note><lb/><pb/> | |||
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<del>commanding</del> the employment of both<lb/>of them, together, which, <del>at least according to</del> <add>hitherto, it is believed</add><lb/><del>the general run of | |||
he will <del>be</del> <add>find himself</add> at liberty to<lb/>do, if <del>securing</del> <add>after he has <del>secured from | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
With the option here given, the Magistrate will
resort to the one mode or the other, imprisonment
or distress, according to the exigency of the case.
If the stock of accessible property be appear sufficient
likely to be sufficient, he will naturally resort
to that course in preference, as being the more
certain and direct: in the other case he will resort
to employ imprisonment in the first instance. The
effect of the words "with or without imprisonment" is it must
be confessed that
of operating, in case
of necessity, as a
warrant for
commanding the employment of both
of them, together, which, at least according to hitherto, it is believed
the general run of the precedents, is not allowed
has not hitherto commonly been allowed. Yet when a man
has really received public money for the public
use, it will be seems seems difficult to find a reason why
there should be any way left open for him to
waste or pocket it: which however,
without
a provision to the
effect proposed,
he will be find himself at liberty to
do, if securing after he has secured <add>it from justice placed out of the reach of justice the whole of his accessible property
or leaving has left only such part of it accessible to the
distress as will be sufficient to cover but a part
of the debt, distress and sale should be the mode
pitched upon in the first instance: for then how
-ever small soever the part levied in that mode
he must go quit for the remainder. In a case
where it is known that a man has distrainable
property sufficient to cover the debt, and
that that property has not been removed nor will can
be removed before the minister officer of Justice will
have time to seize it, this alone consequently and
not imprisonment is the mode that will be
naturally be employ'd: if it is however that
he
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Identifier: | JB/150/490/001"JB/" can not be assigned to a declared number type with value 150. |
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150 |
police bill |
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490 |
police bill |
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001 |
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text sheet |
1 |
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recto |
d2 / f66 |
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jeremy bentham |
g & ep 1794 |
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fr3 |
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1794 |
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50711 |
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