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<p><!-- pencil -->18 Oct. 1809<lb/>
''This Page Has Not Been Transcribed Yet''
<!-- pencil --><head>Elements</head></p>
 
<p>&sect;. 2. division 2.  Keeping down the penalty that should have enforced obedience<lb/>
 
in the case of Special Juries.<lb/>
 
<del>&sect;. 5.  Cases of the corruption the sinister interest of the <gap/></del> <add><gap/> as the cause is evidence to apply to <gap/> the Act:</add><lb/>
&sect;. 2.  Division 2.  Leaving it unsafe for a Sheriff to apply the Act.</p>
<p>A meddling Sheriff might be disposed to</p>
<p>The security for the <del>pr</del> intended preference – I mean<lb/>
the choice of the will of the Judges for the <del>standard of evidence</del> <add>rule of action</add><lb/>
in preference to that of the King in Parliament –<lb/>
the security for this important preference received encrease<lb/>
from another provision, inserted into this same <gap/>:<lb/>
which, <add>after</add> having, while at a distance, been like the <add><unclear>recent</unclear></add><lb/>
<hi rend="underline">parliamentary corruption</hi> Act, <del><gap/></del> an object of terror in<lb/>
the character of a <hi rend="underline">check</hi>, was thus, by <del>appropriate</del> <add>suitable</add> management,<lb/>
converted into a source of comfort and convenience,<lb/>
in the character of an <hi rend="underline">instrument</hi>.</p>
<p><del>The contrivance</del> <add>This ulterior <del>provision</del> security</add> consisted in the limitedness and<lb/>
comparative minuteness of the <add>specific</add> penalty annext to disobedience<lb/>
by this Act – viz. to disobedience as towards the<lb/>
law therein made by the King in Parliament, while the<lb/>
penalty annext to <del>any</del> <add>the</add> contravention of any obligation<lb/>
imposed by those Judges, though it were in opposition to<lb/>
<del>the</del> <add>this same</add> Act was left, <del>to their</del> <add>as usual, to their own</add> discretion, and that discretion<lb/>
unlimited.</p>
<p><del>The destroying</del> <hi rend="underline">Under the Act</hi>, <del>for</del> <add>in case of</add> disobedience, manifested<lb/>
in the <add><del><gap/></del></add> particular in question,<hi rend="superscript">⊞1</hi> <note><hi rend="superscript">⊞1</hi> manifested for example<lb/>
<del>by extending <add>applying</add> to Special<lb/>
Juries</del> <add>by violation of</add> the provisions<lb/>
made against package<lb/>
and permanence</note> <del>towards</del> <add>in opposition to</add> the King in<lb/>
Parliament, the worst that can happen to <del>a man</del> <add>the person in question viz. the Sheriff</add> (for or it<lb/>
is provided) is the payment of £5; or at the worst with comparatively<lb/>
much <hi rend="underline">less</hi> factitious vexation and expence.  <hi rend="underline">Under the practice<lb/>
of the Court</hi> for disobedience to the orders of any Lord Chief<lb/>
Justice,<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞2</hi> made for example for securing the package and the permanence</note>, the <hi rend="underline">punishment</hi>, <add>meaning the part</add> inflicted under the <hi rend="underline">name</hi> of <hi rend="underline">punishment</hi><lb/>
has no such, nor any other, determinate limit:  imprisonment for<lb/>
any length of time may make a part, and but a part of it:  and to<lb/>
this <del>is added,</del> <add>remains <del><gap/></del> annext</add> under the name of <hi rend="underline">costs</hi> – <del><gap/></del> <hi rend="underline">costs on the attachment</hi> –<lb/>
a load of factitious expence that <unclear>lends</unclear> defiance to calculation.</p>
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Latest revision as of 13:00, 15 December 2023

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18 Oct. 1809
Elements

§. 2. division 2. Keeping down the penalty that should have enforced obedience
in the case of Special Juries.
§. 5. Cases of the corruption the sinister interest of the as the cause is evidence to apply to the Act:
§. 2. Division 2. Leaving it unsafe for a Sheriff to apply the Act.

A meddling Sheriff might be disposed to

The security for the pr intended preference – I mean
the choice of the will of the Judges for the standard of evidence rule of action
in preference to that of the King in Parliament –
the security for this important preference received encrease
from another provision, inserted into this same :
which, after having, while at a distance, been like the recent
parliamentary corruption Act, an object of terror in
the character of a check, was thus, by appropriate suitable management,
converted into a source of comfort and convenience,
in the character of an instrument.

The contrivance This ulterior provision security consisted in the limitedness and
comparative minuteness of the specific penalty annext to disobedience
by this Act – viz. to disobedience as towards the
law therein made by the King in Parliament, while the
penalty annext to any the contravention of any obligation
imposed by those Judges, though it were in opposition to
the this same Act was left, to their as usual, to their own discretion, and that discretion
unlimited.

The destroying Under the Act, for in case of disobedience, manifested
in the particular in question,⊞1 ⊞1 manifested for example
by extending applying to Special
Juries
by violation of the provisions
made against package
and permanence
towards in opposition to the King in
Parliament, the worst that can happen to a man the person in question viz. the Sheriff (for or it
is provided) is the payment of £5; or at the worst with comparatively
much less factitious vexation and expence. Under the practice
of the Court
for disobedience to the orders of any Lord Chief
Justice, ⊞2 made for example for securing the package and the permanence, the punishment, meaning the part inflicted under the name of punishment
has no such, nor any other, determinate limit: imprisonment for
any length of time may make a part, and but a part of it: and to
this is added, remains annext under the name of costs costs on the attachment
a load of factitious expence that lends defiance to calculation.


Identifier: | JB/118/420/002"JB/" can not be assigned to a declared number type with value 118.

Date_1

1812-09-10

Marginal Summary Numbering

14

Box

118

Main Headings

panopticon

Folio number

420

Info in main headings field

to ld sidmouth

Image

002

Titles

Category

correspondence

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1

Penner

jeremy bentham

Watermarks

th 1806

Marginals

jeremy bentham

Paper Producer

andre morellet

Corrections

Paper Produced in Year

1806

Notes public

draft; not included in letter 2190, vol. 8

ID Number

39474

Box Contents

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