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<!-- pencil annotations --> <p> + 5 Inserenda <note>126<lb/> Observations</note> </p> <note>Observations<lb/> V. Procedure<lb/> §38<lb/> 91<lb/> Penalty raised</note> <p> <del> the two heads of delinquency cases which <add> of delinquency</add> </del> <add> As for <hi rend="underline">precedent</hi>, the two masses of delinquency, which</add> seem to come nearest to those in here proposed<lb/> to be created, are <del> that of an offence against</del> | <!-- pencil annotations --> <p> + 5 Inserenda <note>126<lb/> Observations</note> </p> <note>Observations<lb/> V. Procedure<lb/> §38<lb/> 91<lb/> Penalty raised</note> <p> <del> the two heads of delinquency cases which <add> of delinquency</add> </del> <add> As for <hi rend="underline">precedent</hi>, the two masses of delinquency, which</add> <lb/>seem to come nearest to those in here proposed<lb/> to be created, are <del> that of an offence against</del> <add> those which regard</add> <lb/> the Alehouse-licencing system, <del> and</del> (under the 5.G.3<lb/> c.46.§.22.23) and <del> that of an offence against </del> <add> those which regard</add> <lb/> the Hawker-licencing system (under 29.G.3.c.26.<lb/> §.23.24.) Under the former Act, the resource of Distress<lb/> and Sale is omitted altogether: in default<lb/> of payment, imprisonment is <sic>employ'd</sic> as a means <lb/> of enforcing it, but the <del>party</del> <add> offender</add> has fourteen days <lb/> given him to run away. <del> Under the latter Act <add> for securing payment of the penalty</add> <lb/> <add> power is given for employing</add> Distress and Imprisonment, and both of them both<lb/> of them together, and both of them individually on<lb/> conviction.</del> Under the <del> more recent</del> <add> latter</add> Act, in <del>case</del> <lb/> default of immediate payment, <del> (not only provision<lb/> given to em</del> distress and imprisonment <add> are</add> both <del> <sic>employ'd</sic><lb/> together, and not only</del> provided for the<lb/> purpose of securing <add>it</add> <del>payment</del> and not only the <lb/> <hi rend="underline">power</hi> of employing them is <hi rend="underline">given</hi> <add> to the Magistrate</add> but the <hi rend="underline">obligation</hi><lb/> of employing them both together is <hi rend="underline">imposed</hi> <del>on</del> <add>upon</add> him.</p> <!-- final paragraph all crossed through --><p> The <add> mode proposed by</add> <del>plan of</del> this more recent<lb/> Statute may be regarded as a great improvement <lb/> <del>of</del> that of the other, and as having made no <del>small</del> <add> inconsiderable</add> <lb/> advance towards perfection: <add> to judge according to the principles above laid down</add> what it wants, if any <lb/> thing, seems to be, <del> according to the precept above <lb/> laid down</del> - in regard to the choice <add> <gap/></add> of the punishment<lb/> itself, the <del> not having</del> expressing it to <del>the</del> <lb/> <add> the </add> pecuniary <del> forfeiture</del> kind, without any mixture of imprisonment;<lb/> and in regard to the means of <del><gap/></del> providing<lb/> for the execution of it, <del>requiring</del> <add> obliging the Magistrate to employ</add> distress and <lb/> imprisonment both <del>to be <sic>employ'd</sic></del> at once, instead of <lb/>leaving it to <gap/> his <gap/></p> <p> <add> During</add> </p> | ||
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+ 5 Inserenda 126
Observations
Observations
V. Procedure
§38
91
Penalty raised
the two heads of delinquency cases which of delinquency As for precedent, the two masses of delinquency, which
seem to come nearest to those in here proposed
to be created, are that of an offence against those which regard
the Alehouse-licencing system, and (under the 5.G.3
c.46.§.22.23) and that of an offence against those which regard
the Hawker-licencing system (under 29.G.3.c.26.
§.23.24.) Under the former Act, the resource of Distress
and Sale is omitted altogether: in default
of payment, imprisonment is employ'd as a means
of enforcing it, but the party offender has fourteen days
given him to run away. Under the latter Act for securing payment of the penalty
power is given for employing Distress and Imprisonment, and both of them both
of them together, and both of them individually on
conviction. Under the more recent latter Act, in case
default of immediate payment, (not only provision
given to em distress and imprisonment are both employ'd
together, and not only provided for the
purpose of securing it payment and not only the
power of employing them is given to the Magistrate but the obligation
of employing them both together is imposed on upon him.
The mode proposed by plan of this more recent
Statute may be regarded as a great improvement
of that of the other, and as having made no small inconsiderable
advance towards perfection: to judge according to the principles above laid down what it wants, if any
thing, seems to be, according to the precept above
laid down - in regard to the choice of the punishment
itself, the not having expressing it to the
the pecuniary forfeiture kind, without any mixture of imprisonment;
and in regard to the means of providing
for the execution of it, requiring obliging the Magistrate to employ distress and
imprisonment both to be employ'd at once, instead of
leaving it to his
During
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