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Observations<lb/> | Observations<lb/> | ||
Inferenda, Recognizances</head> | Inferenda, Recognizances</head> | ||
<p>As to the second objection, that which arises from the incommodiousness <lb/> | |||
<p><note>In continuation from p.25.</note> As to the second objection, that which arises from the incommodiousness <lb/> | |||
of the mode of procedure whereby a<lb/> | of the mode of procedure whereby a<lb/> | ||
penalty thus created is pursued to execution, <add>against</add> this it is<lb/> | penalty thus created is pursued to execution, <add>against</add> this it is<lb/> | ||
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same Statute. <del>This</del> The prosecution is to be at the<lb/> | same Statute. <del>This</del> The prosecution is to be at the<lb/> | ||
Sessions: the <del><gap/> <gap/></del> formality of a Grand Jury is dispensed<lb/> | Sessions: the <del><gap/> <gap/></del> formality of a Grand Jury is dispensed<lb/> | ||
with: The determination is <del>given to a single</del> <add>submitted <unclear>at</unclear> once to the</add> <lb/> | with: The determination is <del>given to a single</del> <add> submitted <unclear> at </unclear> once to the</add> <lb/> | ||
petty Jury. This however is but a palliative. The recognizance<lb/> | petty Jury. This however is but a palliative. The recognizance<lb/> | ||
is as the phrase is, to be | is as the phrase is, to be estreated into the<lb/> | ||
Exchequer: The prosecution instead of being concluded in<lb/> | Exchequer: The prosecution instead of being concluded in<lb/> | ||
the Court where it began, makes a sudden stop when<lb/> | the Court where it began, makes a sudden stop when<lb/> | ||
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and when <del>brought</del> | and when <del>brought</del> | ||
<add>just as they are bought into sight of</add> almost into <lb/> | <add>just as they are bought into sight of</add> almost into <lb/> | ||
port, the prosecutor and accused are <del>plunged back</del> <add>just as he had brought his < | port, the prosecutor and accused are <del>plunged back</del> <add>just as he had brought his <unclear> </unclear> into port</add> <add>blown off</add><lb/> | ||
into the <add>stormy</add> ocean of regular chicane.<lb/></p> | into the <add>stormy</add> ocean of regular chicane.<lb/></p> | ||
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to] be levied or not at all. It is true that in the<lb/> | to] be levied or not at all. It is true that in the<lb/> | ||
common mode of proceeding the prosecution was to be <lb/> | common mode of proceeding the prosecution was to be <lb/> | ||
brought on <add>conducted as far as</add> <del>as far</del> to Judgement by <del>a tedious and intricate</del> <add>an < | brought on <add>conducted as far as</add> <del>as far</del> to Judgement by <del>a tedious and intricate</del> <add>an <unclear> </unclear><add><unclear> </unclear></add> <add>and therefore</add> <lb/> | ||
<del><gap/> <gap/></del> expensive mode of procedure</add> species of action called a Scire facias: <note>carried on at Westminster Hall, & | <del><gap/> <gap/></del> <add> expensive mode of procedure</add> species of action called a Scire facias: <note>carried on at Westminster Hall, & Assizes</note> and</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1
Observations
Inferenda, Recognizances
In continuation from p.25. As to the second objection, that which arises from the incommodiousness
of the mode of procedure whereby a
penalty thus created is pursued to execution, against this it is
to be obviated by , in the instance of this particular
head of delinquency, a provision is made in the
same Statute. This The prosecution is to be at the
Sessions: the formality of a Grand Jury is dispensed
with: The determination is given to a single submitted at once to the
petty Jury. This however is but a palliative. The recognizance
is as the phrase is, to be estreated into the
Exchequer: The prosecution instead of being concluded in
the Court where it began, makes a sudden stop when
it has got as far arrived at Judgment: the order of Execution is to issue
from Westminster Hall:
Tis from Westminster Hall that the Prosecutor is sent to get the order of Execution
and when brought
just as they are bought into sight of almost into
port, the prosecutor and accused are plunged back just as he had brought his into port blown off
into the stormy ocean of regular chicane.
What prevented the mischief from receiving a compleat
remedy, was the sound of the word Recognizance. Of Recognizances
the [adjudged to be forfeited by other Courts] judgment of forfeiture had been passed
upon them by other Courts, and the penalty had always
been levied by process out of the Exchequer.
By process therefore out of the Exchequer they must still [continue
to] be levied or not at all. It is true that in the
common mode of proceeding the prosecution was to be
brought on conducted as far as as far to Judgement by a tedious and intricate an <add> and therefore
expensive mode of procedure species of action called a Scire facias: carried on at Westminster Hall, & Assizes and
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