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<!-- pencil annotations --> <p> + Inserenda <note>129</note><lb/> Observations</p> <note>V. Procedure<lb/> §.38<lb/> 91 continued<lb/> Penalty mixed</note> <p>Imprisonment, it must <add> all along</add> be observed requires to <lb/> be <sic>employ'd,</sic> and is accordingly <sic>employ'd</sic>, | <!-- pencil annotations --> <p> + Inserenda <note>129</note><lb/> Observations</p> <note>V. Procedure<lb/> §.38<lb/> 91 continued<lb/> Penalty mixed</note> <p>Imprisonment, it must <add> all along</add> be observed requires to <lb/> be <sic>employ'd,</sic> and is accordingly <sic>employ'd</sic>, <del> for</del> in <lb/> two very distinct capacities: - as a punishment<lb/> of itself, and as an <del>in</del> instrument of compulsion<lb/>applied <del>the</del> for the purpose of causing a man<lb/>to do or suffer something, and amongst other<lb/> things, to undergo <del>another</del> <add> some other</add> punishment, and <del><gap/></del> <lb/>in particular a pecuniary one. For the first<lb/> purpose it is always <sic>fixt</sic>, if not by the legislator,<lb/> at any rate by the Judge: for the second <lb/>purpose it can not be fixed either by the one or <lb/> the other, but <del> it ( always may be</del> <add> whether it always</add> ought to be <add> or no</add> <del> and</del> ) <lb/> <del> sometimes is limited</del> it is always capable of<lb/>being limited: <add> limited</add> to a term certain, but determinable<lb/> by the <del>doing of</del> act of making payment, or <add> by the </add> doing<lb/> <add> or suffering</add> whatever else is to be done or suffered.</p> <p>In the <del>pre</del> case of the present Bill, the<lb/> <add>demand for the</add> latitude of <unclear>observation</unclear> here contended for is still<lb/> stronger than in that: because though among<lb/> the classes of eventual offenders embraced by the <lb/> present Bill there are some still more irresponsible<lb/> <add> and <hi rend="underline">slippery</hi></add> (if the term may be allowed) <hi rend="superscript">[+]</hi> <note>[+] (Old <sic>Cloathsmen</sic> for instance)</note> than<lb/> <del> <gap/> </del> any operated by that Act: yet<lb/> there are others, and those numerous and various,<lb/> <hi rend="superscript">[+]2</hi> <note>[+]2 Goldsmiths and Coppersmiths for instance)</note> beyond measure <hi rend="underline">more responsible</hi>.</p> <p>Besides the mixture of punishment, and compulsive<lb/> process thus accounted for, another novelty or two may <lb/> be observed, the power of repeating Distress and Sale, and <lb/> the power <add> for</add> <del>of</del> repeating both processes. The former meets<lb/>the case of a man's having effects in different places, <lb/> or coming into his hands at different times, as also that<lb/> where <del> <gap/> insufficient</del> distress, eventually insufficient, has<lb/> been taken through <add>the</add> fair of <del> <gap/> taking</del> <add> an</add> excessive <add> one:</add> and bears analogy<lb/> in some respects to the <unclear><hi rend="underline">alias</hi> and <hi rend="underline">pluries</hi></unclear> of regular<lb/> procedure [+]3<note> <add>[+] 3</add> procedure: the other operates in favour of the defendant, and avails itself , for that purpose, if the excellent expedient of the Recognizance provided for the opposite purpose by the abovementioned Act: - it is the <foreign><hi rend="underline">jus parundi</hi></foreign> grafted upon the <foreign><hi rend="underline">jus cocrundi</hi></foreign>. </note> </p> | ||
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+ Inserenda 129
Observations
V. Procedure
§.38
91 continued
Penalty mixed
Imprisonment, it must all along be observed requires to
be employ'd, and is accordingly employ'd, for in
two very distinct capacities: - as a punishment
of itself, and as an in instrument of compulsion
applied the for the purpose of causing a man
to do or suffer something, and amongst other
things, to undergo another some other punishment, and
in particular a pecuniary one. For the first
purpose it is always fixt, if not by the legislator,
at any rate by the Judge: for the second
purpose it can not be fixed either by the one or
the other, but it ( always may be whether it always ought to be or no and )
sometimes is limited it is always capable of
being limited: limited to a term certain, but determinable
by the doing of act of making payment, or by the doing
or suffering whatever else is to be done or suffered.
In the pre case of the present Bill, the
demand for the latitude of observation here contended for is still
stronger than in that: because though among
the classes of eventual offenders embraced by the
present Bill there are some still more irresponsible
and slippery (if the term may be allowed) [+] [+] (Old Cloathsmen for instance) than
any operated by that Act: yet
there are others, and those numerous and various,
[+]2 [+]2 Goldsmiths and Coppersmiths for instance) beyond measure more responsible.
Besides the mixture of punishment, and compulsive
process thus accounted for, another novelty or two may
be observed, the power of repeating Distress and Sale, and
the power for of repeating both processes. The former meets
the case of a man's having effects in different places,
or coming into his hands at different times, as also that
where insufficient distress, eventually insufficient, has
been taken through the fair of taking an excessive one: and bears analogy
in some respects to the alias and pluries of regular
procedure [+]3 [+] 3 procedure: the other operates in favour of the defendant, and avails itself , for that purpose, if the excellent expedient of the Recognizance provided for the opposite purpose by the abovementioned Act: - it is the jus parundi grafted upon the jus cocrundi.
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jeremy bentham |
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