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<head>CERTAINTY. <add>APPEAL ++ <note>++<!-- rotate '++' 90 degrees (in both the addition and note), till vertical --> v. Fine to the Party - under PUNISHMENT this is continued from that Leaf.</note> Pardon.</add></head> | |||
<p> | <p>It is not so much as pretended, that the abuses | ||
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of this Prerogative are frequent : let | of this Prerogative are frequent: let us see for a moment, | ||
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what we should gain by <add>the revival of</add> this imagined | what we should gain by <add>the revival of</add> this imagined | ||
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body undertake that it shall be applied always | body undertake that it shall be applied always | ||
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to the one case Where there is abuse , & never to | to the one case Where there is abuse, & never to | ||
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any of the hundred were there is none <add>utility</add>? <del><gap/></del> I believe | |||
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not. I conceive therefore, that there would be a | |||
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hundred chances for <sic>it's</sic> being mischievous, <note><del>than it's being <gap/>,</del></note> same <add>of</add> for | |||
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it's being useful. In the 2<hi rend='superscript'>d</hi> place it is not | |||
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<sic>consider'd</sic> that by this Justicement <add>engine</add> with a very | |||
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little management the whole System of Penal | |||
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Justice might be laid in ruins: <del><gap/></del> <add>as</add> discharge | |||
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from a prosecution by Judictment does not prevent <add>is no Bar</add> | |||
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a prosecution by Appeal: but an acquittal on a | |||
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prosecution by Appeal , is to a prosecution by Judictment <add>+</add> <note>+ 2. Hawkins 368</note> — that by Appeal is under <add>entirely</add> the entire <sic>controul</sic> | |||
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of the private party, at a small price, & which is some | |||
<lb/></p> | <lb/></p> | ||
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CERTAINTY. APPEAL ++ ++ v. Fine to the Party - under PUNISHMENT this is continued from that Leaf. Pardon.
It is not so much as pretended, that the abuses
of this Prerogative are frequent: let us see for a moment,
what we should gain by the revival of this imagined
Remedy — In the first place When the application of it is left as it is to
such operators as hazard furnishes will any
body undertake that it shall be applied always
to the one case Where there is abuse, & never to
any of the hundred were there is none utility? I believe
not. I conceive therefore, that there would be a
hundred chances for it's being mischievous, than it's being , same of for
it's being useful. In the 2d place it is not
consider'd that by this Justicement engine with a very
little management the whole System of Penal
Justice might be laid in ruins: as discharge
from a prosecution by Judictment does not prevent is no Bar
a prosecution by Appeal: but an acquittal on a
prosecution by Appeal , is to a prosecution by Judictment + + 2. Hawkins 368 — that by Appeal is under entirely the entire controul
of the private party, at a small price, & which is some
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Identifier: | JB/050/097/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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097 |
certainty appeal pardon |
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001 |
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text sheet |
2 |
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recto |
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jeremy bentham |
j honig <…> |
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cc1 |
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16088 |
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