JB/042/809/001

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1824 Decr. 16 1825 Decr. 20 +
Constitutional Code

Ch. XXVI Local Headmen Headmen Registrars
§. Uncommissioned prehension

Instructions
English practice

1

Instructions.

§.12. Uncommissioned prehension warranting function

Instructions to the Legislator

1
Art. 1. Anglicé, any
person seeing a felony committed
may prehend
and adduce him to a
Justice of the Peace
But who knows what
a felony is? All it signifies
and that but
ambiguously is the
punishment, not the offence

In English practice a man who sees another committing a
felony may apprehend him and bring him before a
Justice of the Peace. But a felony what is it? A felony is
every crime sort of act for which a certain mode of punishment is appointed.
Who is there by whom a list in whose head is
repeated stored a list of all the compleat list or one thing like a
compleat list of those same crimes acts — not a man in the whole
kingdom: no such man is nor was or ever can be.

2
Art. 2. True in some
cases. Of depredation
for instance. But
between depredation
felonious and do non-
felonious endless and
generally uncognizable
are the distinctions

True it is that under the denomination some of the most
mischievous of crimes — such as murder, by night
and highway robbery would by most men if not all men
habitual criminals or criminals be understood probably regarded to be
included. But of and friends not to speak of
the distinction, between felony and non-felony are endless

3
Art. 3. Within reachable
distance perhaps 1. there is
no such Justice
2. — or he is out of
the way
3. — or he chooses not
to act:: and for
performance of functions
is not obligatory in
the case of these functionaries

But suppose by a This part too — by what proportion
of the population of the country is are the existence shape and
boundaries of it known? Suppose however a person to by whom
this necessary knowledge is possessed, and the accuser having place
suppose the act of apprehension to have place in consequence
The supposed felon apprehended what is to be done with
him: he is to be taken, and taken he is accordingly before
some Justice of the Peace. But 1. within ten miles of the place
there is not perhaps any such person as an acting Justice who is in the habit
of exercising his authority on such occasion 2. On the occasion
in question however so it happens that there is one. But
is he not at the time in the way? Is he not out with the hounds, or
on a gossiping or eating or drinking visit or to some neighbour. 3. Suppose
him however at home? Will he do any thing on the business?
Not if, either in the shape of pleasure amusement or present business or
amusement, there be any thing else which it would be more agreeable
to do. For in this office institution, it is all p no obligation
This is of the very essence of it: every man at all times, does the
business
business whatever
it be or leaves it
undone, just as he
pleases.

Identifier: | JB/042/809/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-12-16	Marginal Summary Numbering	1-3
Box	042	Main Headings	constitutional code
Folio number	809	Info in main headings field	constitutional code
Image	001	Titles	instructions / uncommissioned prehension warranting function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13732
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