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<head><sic>MISDEMESNORS</sic> of JUSTICES.</head> | |||
<p>If the Code of Practise in <add>such</add> Summary <del>Prosecutions</del> <add>Suits</add> <add>as are carried on before Justices of the Peace</add> <add>were</add> perfected together with <del>that Collection</del> <add>another <gap/><!-- looks like 'con' (possibly an unfinished word ?) --></add> | |||
<p>If the Code of Practise in <add>such</add> Summary <del>Prosecutions</del> <add>Suits | |||
<lb/> | <lb/> | ||
such <add>those</add> few Duties appertaining to that office as cannot properly be referred to that <add>former</add> | such <add>those</add> few Duties appertaining to that office as cannot properly be referred to that <add>former</add> | ||
<lb/> | <lb/> | ||
Title , every <del> | Title , every <del>erroneous</del> <add>improper</add> conduct with which a person invested with it can be <sic>charge</sic><!-- unfinished word 'charged' ? --> | ||
<lb/> | <lb/> | ||
would be a violation of some one article of one or other of them | would be a violation of some one article of one or other of them | ||
</p> | |||
<p>An Information or Indictment would therefore consist of <add>a charge of</add> some specific <add>Act <add>< | <p>An Information or Indictment would therefore consist of <add>a charge of</add> some specific <add>Act</add> <add><unclear>point</unclear> of</add> A | ||
<lb/> | <lb/> | ||
the negative of which was done by the | the negative of which was done by the <unclear>Def<hi rend="superscript">t</hi></unclear> when the Article of the Code require<add>d</add> | ||
<lb/> | <lb/> | ||
the affirmative , or the affirmative when | the affirmative, or the affirmative when it required the Negative — <del>with this <gap/></del> <add>the motive <unclear>of</unclear> | ||
<lb/> | <lb/> | ||
such conduct</add> | such conduct</add> <del>-time of <gap/></del> being also charged to be corrupt. | ||
</p> | |||
<p>An Action would consist of an allegation of <add>such</add> specific impropriety of conduct <add>to the prejudice of the | <p>An Action would consist of an allegation of <add>such</add> specific impropriety of conduct <add>to the prejudice of the deft</add> <gap/> | ||
<lb/> | <lb/> | ||
without mention of the motive | without mention of the motive | ||
</p> | |||
<p><!-- indented -->Thus it would stand if every Article <add>of these codes</add | <p><!-- indented -->Thus it would stand if every Article <del>could be</del> <add>of these codes</add> could be couched in a <sic>stile</sic> <gap/> | ||
<lb/> | <lb/> | ||
peremptory, requesting a thing to be done or not to be done absolutely: but as <unclear>for</unclear> | |||
<lb/> | <lb/> | ||
the sake of doing Justice in every <add>particular</add> case it is as necessary that a latitude of <unclear>d</unclear> <add>discre</add>tion | the sake of doing Justice in every <add>particular</add> case it is as necessary that a latitude of <unclear>d</unclear> <add>discre</add>tion | ||
Line 39: | Line 35: | ||
variable according to circumstances too numerous to be foreseen and specified <add>should</add> | variable according to circumstances too numerous to be foreseen and specified <add>should</add> | ||
<lb/> | <lb/> | ||
be permitted in some cases , as that it should be taken <add>circumvented</add> away in others , hence it is | be permitted in some cases, as that it should be taken <add>circumvented</add> away in others, hence it is | ||
<lb/> | <lb/> | ||
that the line of duty prescribed in them must frequently <add>take a compass & split in a <add> | that the line of duty prescribed in them must frequently <del>open to <sic>admitt</sic> of <gap/></del> <add>take a compass & split in a</add> <add>number</add> | ||
<lb/> | <lb/> | ||
of alternatives too numerous to be <del>mentioned</del> <add>all specified</add> or to be any otherwise marked than by | of alternatives too numerous to be <del>mentioned</del> <add>all specified</add> or to be any otherwise marked than by | ||
<lb/> | <lb/> | ||
their <del>external</del> <add>< | their <del>external</del> <add><unclear>exterior</unclear></add> limits <del>or by</del> <add>on both</add> sides being expressed | ||
</p> | |||
<p><!-- indented -->Now as some one line within these limits is always to be pursued , <add>in | <p><!-- indented -->Now as some one line within these limits is always to be pursued, <del><add>in <gap/> <gap/></add></del> but <del>a dif<gap/></del> | ||
<lb/> | <lb/> | ||
in every one of a number of cases a different one , the <add>import of the</add> charge will <del> | in every one of a number of cases a different one, the <add>import of the</add> charge will <del>impart the <add>lessen <gap/></add></del> | ||
<lb/> | <lb/> | ||
not the having transgressed on either side < | not the having transgressed on either side <del><add>without</add></del> <unclear>these</unclear><!-- or, those --> limits , but the not having pursued | ||
<lb/> | <lb/> | ||
that line <hi rend='underline'>within</hi> them which the case requires : which charge is <add>as before</add> <sic>conplid</sic><!-- mis-spelling of 'complied' ? --> with an | that line <hi rend='underline'>within</hi> them which the case requires: which charge is <add>as before</add> <sic>conplid</sic><!-- mis-spelling of 'complied' ? --> with an | ||
<lb/> | <lb/> | ||
allegation of corruption will be an Indictment or Information ; if of a <gap/><!-- dama. ? --> | allegation of corruption will be an Indictment or Information; if of a <gap/><!-- dama. ? --> | ||
<lb/> | <lb/> | ||
to the <gap/> <add>simply,</add> an Action. | to the <del><gap/></del> <add>simply,</add> an Action. | ||
</p> | |||
< | <note>Impossibility to comply with an<lb/> | ||
Injunction of the Code always —<lb/> | |||
good Plea.</note> | |||
<note>When the Code is published<lb/> | |||
K. B. to <del><gap/></del> have power to<lb/> | |||
<unclear>add</unclear> supplementary Rules not contrary<lb/> | |||
to any Article — because such may<lb/> | |||
be suggested by prosecutions as they <sic>occurr</sic>.</note> | |||
<head>MISDEMEANOURS of OFFICERS. Magistrates [BR][1]</head> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
MISDEMESNORS of JUSTICES.
If the Code of Practise in such Summary Prosecutions Suits as are carried on before Justices of the Peace were perfected together with that Collection another
such those few Duties appertaining to that office as cannot properly be referred to that former
Title , every erroneous improper conduct with which a person invested with it can be charge
would be a violation of some one article of one or other of them
An Information or Indictment would therefore consist of a charge of some specific Act point of A
the negative of which was done by the Deft when the Article of the Code required
the affirmative, or the affirmative when it required the Negative — with this the motive of
such conduct -time of being also charged to be corrupt.
An Action would consist of an allegation of such specific impropriety of conduct to the prejudice of the deft
without mention of the motive
Thus it would stand if every Article could be of these codes could be couched in a stile
peremptory, requesting a thing to be done or not to be done absolutely: but as for
the sake of doing Justice in every particular case it is as necessary that a latitude of d discretion
variable according to circumstances too numerous to be foreseen and specified should
be permitted in some cases, as that it should be taken circumvented away in others, hence it is
that the line of duty prescribed in them must frequently open to admitt of take a compass & split in a number
of alternatives too numerous to be mentioned all specified or to be any otherwise marked than by
their external exterior limits or by on both sides being expressed
Now as some one line within these limits is always to be pursued, in but a dif
in every one of a number of cases a different one, the import of the charge will impart the lessen
not the having transgressed on either side without these limits , but the not having pursued
that line within them which the case requires: which charge is as before conplid with an
allegation of corruption will be an Indictment or Information; if of a
to the simply, an Action.
Impossibility to comply with an
Injunction of the Code always —
good Plea.
When the Code is published
K. B. to have power to
add supplementary Rules not contrary
to any Article — because such may
be suggested by prosecutions as they occurr.
MISDEMEANOURS of OFFICERS. Magistrates [BR][1]
Identifier: | JB/070/210/002"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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210 |
misdemesnors of justices |
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002 |
magistrates |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23325 |
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