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<!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 12 <note>131</note><lb/>Police Bill <note>Observations</note> </p> <note>IV. Penalties &c <lb/> §.38<lb/> 92<lb/> Power of mitigation - <lb/> Why this<lb/> unlimited</note> <p><del> §.10 <gap/> <gap/> <gap/> <gap/> </add> information</add> P.17 </del> <add>§.38. [2] [92] Page 75 [ ...if .. mistake or accident ... acquit; if negligence<lb/> &c. <hi rend="underline">.. mitigate and reduce ...</hi> ]</add> <del> In the</del> Under <lb/>the Excise Laws, or at least under the original and <lb/> fundamental Law of that class (12.C.2.c.24.§.46) <lb/> the power of mitigation is <del>confirmed within</del> <add> established</add> <del> confirmed</del> <lb/> indeed, but under great restrictions. Whatever <del>may be <lb/> the</del> circumstances <add> may plead</add> in favour of the offender, costs must<lb/> be given against him <del>and</del> <add> together with </add> not less than double the <lb/> value of the duty which ought to have been paid.<lb/>This strictness <del>may</del> is perhaps no more than what<lb/> <del.in the</del> in cases of that sort, and at that time of <lb/> <del><gap/></del> day, was necessary: but in the present case, <lb/> and under the circumstances of alleviation to which <lb/> the application of the power of mitigation is <add> here</add> confined, there<lb/> will be no objection, it is presumed, to its being<lb/> <unclear>so</unclear>-exclusive <add> (as <del>was rendered</del> it is here proposed to be) </add> with the penalty. — <add>[+]</add><lb/> <note>[+] In the present state<lb/> of the Laws, in <lb/> <del>point</del> <add> respect</add> of method<lb/> and expression, <add> the</add> involving<lb/> in the <hi rend="underline"> event</hi> <lb/> of a penal law, a case not involved in <lb/> the spirit ofg it, is <lb/> an incident so natural<lb/> and so frequent, <lb/> that without<lb/> a door of some latitude<lb/> left open for <lb/> <del><gap/> <gap/> </del> the protestation<lb/. of innocence, it <lb/> would <add> be apt</add> but too often<lb/> to shape the fate of <lb/> guilt.</note> </p> <p> <del><gap/.</del> To the words "<hi rend="underline">distress the information</hi>" I have <lb/> prefixed the words "<hi rend="underline">acquit the offender</hi>" ability of <lb/> <add> in any such <del>event</del> case </add> the Magistrate <sic>committs</sic> any thing to writing upon<lb/> the subject, will have it at his option to <add> make</add> use <del>about</del> <lb/> <del> of those two forms to <gap/> </del> <add> of the one or the other phrase as he directs fit.</add> | |||
+ Cd 12 131
Police Bill Observations
IV. Penalties &c
§.38
92
Power of mitigation -
Why this
unlimited
§.10 </add> information</add> P.17 §.38. [2] [92] Page 75 [ ...if .. mistake or accident ... acquit; if negligence
&c. .. mitigate and reduce ... ] In the Under
the Excise Laws, or at least under the original and
fundamental Law of that class (12.C.2.c.24.§.46)
the power of mitigation is confirmed within established confirmed
indeed, but under great restrictions. Whatever may be
the circumstances may plead in favour of the offender, costs must
be given against him and together with not less than double the
value of the duty which ought to have been paid.
This strictness may is perhaps no more than what
<del.in the in cases of that sort, and at that time of
day, was necessary: but in the present case,
and under the circumstances of alleviation to which
the application of the power of mitigation is here confined, there
will be no objection, it is presumed, to its being
so-exclusive (as was rendered it is here proposed to be) with the penalty. — [+]
[+] In the present state
of the Laws, in
point respect of method
and expression, the involving
in the event
of a penal law, a case not involved in
the spirit ofg it, is
an incident so natural
and so frequent,
that without
a door of some latitude
left open for
the protestation<lb/. of innocence, it
would be apt but too often
to shape the fate of
guilt.
<gap/. To the words "distress the information" I have
prefixed the words "acquit the offender" ability of
in any such event case the Magistrate committs any thing to writing upon
the subject, will have it at his option to make use about
of those two forms to of the one or the other phrase as he directs fit.
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