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<head>2< | <head>2</head> | ||
Observations, Inferenda. | <head>Observations, Inferenda.Recognizance.</head> | ||
Recognizance.</head> | |||
<p>and this mode by the Statute in question is changed into<lb/> | <p>and this mode by the Statute in question is changed into<lb/> | ||
one more <add>frugal and</add> expeditious, and the scene | one more <add>frugal and</add> expeditious, and the scene transferred from<lb/> | ||
Westminster to the Country. This was some thing: but as<lb/> | Westminster to the Country. This was some thing: but as<lb/> | ||
grievances in Law are seldom remedied but by halves, there<lb/> | grievances in Law are seldom remedied but by halves, there<lb/> | ||
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<p>It must be evident to all those who are acquainted<lb/> | <p>It must be evident to all those who are acquainted<lb/> | ||
<del><gap/></del> with the <add | <del><gap/></del> with the <add>course of</add> proceedings in the Exchequer that the<lb/> | ||
expence of levying the <del>profit <gap/></del> <add>penalty in question a penalty</add> <lb/> | expence of levying the <del>profit <gap/></del> <add>penalty in question a penalty</add> <lb/> | ||
of £10, must if born by the Crown [to whom the<lb/> | of £10, must if born by the Crown [to whom the<lb/> | ||
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<add>in a summary and frugal manner</add> by the Constable. But the penalty was to accrue<lb/> | <add>in a summary and frugal manner</add> by the Constable. But the penalty was to accrue<lb/> | ||
from the Recognizance: <del><gap/></del> <add>The word <unclear>Estreat</unclear> had ever stuck close to the word</add> Recognizance: and Recognizances<lb/> | from the Recognizance: <del><gap/></del> <add>The word <unclear>Estreat</unclear> had ever stuck close to the word</add> Recognizance: and Recognizances<lb/> | ||
must at all events be es<unclear>treat</unclear>ed into the | must at all events be es<unclear>treat</unclear>ed into the Exchequer.<lb/></p> | ||
In continuation from | <p>In continuation from p.<lb/> | ||
As if the [<del>excess</del> <add>unmeasurableness</add> of punishment <del> | As if the [<del>excess</del> <add>unmeasurableness</add> of punishment <del>naturally <gap/></del> <add>inherent to the very</add> nature<lb/> | ||
of a recognizance were not great enough, the Legislature<lb/> | of a recognizance were not great enough, the Legislature<lb/> | ||
has stept in and <add>by express provision</add> made it greater. <note>By Stat. 26. G. 2. c.21.<gap/></note> | |||
delinquent of any act by which his <del><gap/></del><lb/> | A <lb/> | ||
Recognizance is | delinquent convicted of any act by which his <del><gap/></del><lb/> | ||
Recognizance is forfeited, is besides <del><gap/></del> being made to </p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2 Observations, Inferenda.Recognizance.
and this mode by the Statute in question is changed into
one more frugal and expeditious, and the scene transferred from
Westminster to the Country. This was some thing: but as
grievances in Law are seldom remedied but by halves, there
the matter stopt. The draughtsman's imagination, exhausted
it should seemby this effort could carry him no farther.
It must be evident to all those who are acquainted
with the course of proceedings in the Exchequer that the
expence of levying the profit penalty in question a penalty
of £10, must if born by the Crown [to whom the
benefit of it accrues] eat up the profit, if by a
private prosecutor, make him sufferpunish him still heavier still more than
the delinquent, if by the delinquent, bring on him
a punishment of which he knew nothing still greater
than that of which he had been warned. It is known,
for examples abound every where, that penalties
to much larger amount are appointed to be levied
in a summary and frugal manner by the Constable. But the penalty was to accrue
from the Recognizance: The word Estreat had ever stuck close to the word Recognizance: and Recognizances
must at all events be estreated into the Exchequer.
In continuation from p.
As if the [excess unmeasurableness of punishment naturally inherent to the very nature
of a recognizance were not great enough, the Legislature
has stept in and by express provision made it greater. By Stat. 26. G. 2. c.21.
A
delinquent convicted of any act by which his
Recognizance is forfeited, is besides being made to
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