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<!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 11 <note>120</note><lb/> <note>Observations</note></p | <!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 11 <note>120</note><lb/> <note>Observations</note></p> <note>V. Penalties &c<lb/> § <del>9</del> 37<lb/> 89 continued</note><lb/> <!-- It is unclear where this marginal note is intended to fit --> <note>[+] The option of the Transportation (<sic>inflictable</sic> of course no otherwise than by regular procedure) is allowed for atrocious cases: <add> that of a </add> <del>the</del> pecuniary penalty, with the portion of imprisonment <sic>suceedaneous</sic> to it, for cases <del>when</del> <add> where</add> transportation would be excessive, or the trouble and expence of regular procedure would <del>be</del> <Add> prove</add> a bar to prosecution. </note> <p>The <del> at</del> <add> above quoted</add> provisions <del>above quoted</del> for strengthening<lb/>the limits of justice <del>are many</del> form part of <lb/> a numerous and confused <del>al</del> heap of provisions <lb/>of the same tendency established by Statutes upon<lb/>Statutes in the case of offences against the Laws<lb/> of Excise and Customs, among which are several<lb/>more that would require to be applied to the offences<lb/>against the present Bill, were it not for the <sic>voluminousness</sic><lb/> and perplexity that would be the result.<lb/> The present is a case in which the demand for <lb/> provisions for this tendency seems <del>w</del> to be little if<lb/> at all inferior to what is in the <del><gap/></del><add>case</add> of those<lb/>other branches of the Revenue Laws: <del><gap/></del> for if <lb/> on the one hand the <add> mass of </add> property to contend with <add>[+]</add> <note>[+] in the hands of the <hi rend="underline">Master-<sic>Malifactors</sic></hi></note> is<lb/> not <add>here</add> so great, on the other hand the characters of<lb/> the <hi rend="underline">underlings</hi> are in <hi rend="underline">this</hi> case still more profligate <lb/> and desperate that in <hi rend="underline">those</hi>: and it <del>part a</del> <add> seems hardly</add> <lb/> <add> to be expected, that so</add> considerable a branch of trade as that in question <lb/> ( I mean the trade in stolen goods) <del>seems hardly to</del> <lb/> <del>be likely to</del> <add> should </add> be given up <add> altogether</add> without a struggle. As<lb/>to <hi rend="underline">felony</hi> <del>under</del> <add>in</add> the existing <del>laws</del> state of the laws<lb/><add> in that behalf</add> it is so variegated and indefinable in composition<lb/> and <add> taking procedure into the account,</add> has so many good as well as bad points about<lb/>it, when compared with the punishment for a misdemeanour,<lb/> that while <del>things</del> <add> it</add> continues upon this<lb/> footing, a man who pays due attention to the consequences<lb/> of the <del>Acts</del> Bills he draws, must find himself<lb/> continually at a loss <del> to know</del> whether to <del><sic>admitt</sic><lb/> or to exclude it</del> <add> employ it or put it aside.</add> Our great task for the Board<lb/> <del>would</del> <add> might</add> be — to <del>do</del> <add> suggest the means of</add> <del>something towards</del> reducing <add> all</add> this<lb/> confusion to order, this absurdity to reason.</p><p><del> §89 [2] [To apprehend ] p.16 If the offence of <gap/> <gap/> <gap/> [+] <!-- continues in margin -->[+] were <add> to be </add> made <hi rend="underline">felony</hi> the power of <del>apprehending</del> <add>arrest</add> <del> <gap/> </del> were created would <add> by <gap/> words</add> <gap/> upon persons in <gap/> of <gap/> <hi rend="underline"><gap/> <gap/></hi> <!-- continues along edge of page --> <gap/> <gap/> <gap/> <add> <gap/> </add> for <gap/> — <gap/> then <add> <gap/> <gap/> </add> who would know of it?</del> </p> | ||
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+ Cd 11 120
Observations
V. Penalties &c
§ 9 37
89 continued
[+] The option of the Transportation (inflictable of course no otherwise than by regular procedure) is allowed for atrocious cases: that of a the pecuniary penalty, with the portion of imprisonment suceedaneous to it, for cases when where transportation would be excessive, or the trouble and expence of regular procedure would be prove a bar to prosecution.
The at above quoted provisions above quoted for strengthening
the limits of justice are many form part of
a numerous and confused al heap of provisions
of the same tendency established by Statutes upon
Statutes in the case of offences against the Laws
of Excise and Customs, among which are several
more that would require to be applied to the offences
against the present Bill, were it not for the voluminousness
and perplexity that would be the result.
The present is a case in which the demand for
provisions for this tendency seems w to be little if
at all inferior to what is in the case of those
other branches of the Revenue Laws: for if
on the one hand the mass of property to contend with [+] [+] in the hands of the Master-Malifactors is
not here so great, on the other hand the characters of
the underlings are in this case still more profligate
and desperate that in those: and it part a seems hardly
to be expected, that so considerable a branch of trade as that in question
( I mean the trade in stolen goods) seems hardly to
be likely to should be given up altogether without a struggle. As
to felony under in the existing laws state of the laws
in that behalf it is so variegated and indefinable in composition
and taking procedure into the account, has so many good as well as bad points about
it, when compared with the punishment for a misdemeanour,
that while things it continues upon this
footing, a man who pays due attention to the consequences
of the Acts Bills he draws, must find himself
continually at a loss to know whether to admitt
or to exclude it employ it or put it aside. Our great task for the Board
would might be — to do suggest the means of something towards reducing all this
confusion to order, this absurdity to reason.
§89 [2] [To apprehend ] p.16 If the offence of [+] [+] were to be made felony the power of apprehending arrest were created would by words upon persons in of for — then who would know of it?
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jeremy bentham |
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