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<!-- pencil annotations --> <p> + 2 <hi rend="superscript">do</hi> 2 <note>123</note><lb/> Observations</p> <note>V. Procedures<lb/> §.38<lb/>91</note> <p>removing his goods out of the way. in <add> case of </add> distress by a <lb/> Landlord, there <del>is a </del> <add> are </add> powers <del>to</del> <add> for</add> follow<add>ing</add> the goods: in <add>case of </add> Distress<lb/>by a Justice, there is no such power.</p> <p> <del><gap/> will a <gap/> system since:</del><lb/>As imprisonment, in default of <del>distrainable</del> <add> distrainable</add> matter, <lb/><add><del>for distress</del></add> will not come up to the purpose, so neither will the <lb/> option of either punishment to the exclusion of the other.<lb/> Suppose <add> it known, that </add> the offe3nder <del> known to have property enough</del> <lb/> <add> has wherewithal</add> to bear the pecuniary punishment; <add> suppose again <add>that</add> in such case</add> pecuniary punishment<lb/> <del> is accordingly the appropriate</del> <add> <del>in</del> being in itself preferable, is accordingly appointed <add> by the Magistrate</add> in preference,</add> and a warrant <lb/> of distress issued accordingly. <hi rend="superscript">[+]</hi> <note>[+] Yet, notwithstanding the solvency of the party, this course will frequently prove inadequate to the production of the intended effect for</note> <del>But <add>being</add> the expectation <gap/> </del> <lb/> <del>himself guilty</del> <add> the offender, being </add> conscious of delinquency, and expecting<lb/> conviction, <del> he</del> has taken care previously to remove<lb/> his goods by <del> transfer of the perq</del> sale, loan, deposit<lb/> or removal.</p> <p> <del> The <gap/> <gap/> <gap/> every <add> <gap/> <gap/> <gap/> to<lb/> be a <gap/> <gap/> <gap/> <gap/> the two. <add> <gap/> <add> <gap/> <gap/> <lb/> together with <gap/> <gap/> of the two.<gap/> <gap/> <lb/> <gap/> <gap/> <gap/> <gap/> is <gap/> to be<lb/> <gap/> <gap/> to <gap/> <gap/> <gap/> <lb/> distinguished by the <gap/> of <gap/> <gap/> <gap/> <gap/> <lb/>be provided.</del> </p> <p> Imprisonment alone (as we have seen) is not suited<lb/> <del> to <unclear>all laws</unclear> </del> <add> every man's case, </add> nor indeed <del> will <gap/> profitably</del> <add> completely</add> adequate<lb/> to any <add> man's </add> case. <del>D</del> Pecuniary punishment<lb/> so called, <del> is where the <gap/> <gap/> <gap/> <gap/></del> <add> amounts in fact, where <<del><gap/></del> <lb/> payment is no otherwise to be enforced <gap/> by <lb/> distress and sale <del> <add> <gap/> </add> in a fact</del> <add> to </add> <gap/> but the <del>obligation</del> <add> inconvenience</add> <lb/> of removing <del>goods distrained</del> a man's goods; <lb/> an inconvenience which, in the case of one who is <lb/> neither a Shopkeeper nor a Housekeeper, <del>amoun</del> is next to nothing.<lb/> <add> the </add> </p> | |||
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+ 2 do 2 123
Observations
V. Procedures
§.38
91
removing his goods out of the way. in case of distress by a
Landlord, there is a are powers to for following the goods: in case of Distress
by a Justice, there is no such power.
will a system since:
As imprisonment, in default of distrainable distrainable matter,
for distress will not come up to the purpose, so neither will the
option of either punishment to the exclusion of the other.
Suppose it known, that the offe3nder known to have property enough
has wherewithal to bear the pecuniary punishment; suppose again <add>that in such case</add> pecuniary punishment
is accordingly the appropriate in being in itself preferable, is accordingly appointed <add> by the Magistrate in preference,</add> and a warrant
of distress issued accordingly. [+] [+] Yet, notwithstanding the solvency of the party, this course will frequently prove inadequate to the production of the intended effect for But being the expectation
himself guilty the offender, being conscious of delinquency, and expecting
conviction, he has taken care previously to remove
his goods by transfer of the perq sale, loan, deposit
or removal.
The every <add> to
be a the two. <add> <add>
together with of the two.
is to be
to
distinguished by the of
be provided.
Imprisonment alone (as we have seen) is not suited
to all laws every man's case, nor indeed will profitably completely adequate
to any man's case. D Pecuniary punishment
so called, is where the amounts in fact, where <
payment is no otherwise to be enforced by
distress and sale <add> in a fact to but the obligation inconvenience
of removing goods distrained a man's goods;
an inconvenience which, in the case of one who is
neither a Shopkeeper nor a Housekeeper, amoun is next to nothing.
the
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547 |
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jeremy bentham |
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