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<!-- pencil annotations --> <p> + Inserenda <note>130</note><lb/>Observations</p> <note>V. Penalties &c<lb/> §.38 <lb/> 91 continued</note> <p> Specifying as is done in the text on more<lb/> occasions than one, the object which a Magistrate<lb/> shall have in view in the exercise of the powers<lb/> <sic>intrusted</sic> to him, <del><gap/ | <!-- pencil annotations --> <p> + Inserenda <note>130</note><lb/>Observations</p> <note>V. Penalties &c<lb/> §.38 <lb/> 91 continued</note> <p> Specifying as is done in the text on more<lb/> occasions than one, the object which a Magistrate<lb/> shall have in view in the exercise of the powers<lb/> <sic>intrusted</sic> to him, <del><gap/> </del> is a practice which<lb/> <del>op</del> not only serves as a <hi rend="underline">guide</hi>, but operates<lb/> powerfully as a <hi rend="underline">check </hi>: and thus enables the <lb/> legislation for the benefit of the public or the <lb/> individual to give powers of such magnitude <lb/> as it might otherwise be scarcely safe to give.<lb/> In case of abuse of the power, it answers the <lb/> purpose not only of printing the censure of the <lb/> public at large upon the offender, but even of <lb/> widening and clearing the ground on which <hi rend="underline">legal</hi><lb/> concern may attach: for the more clearly the <lb/> object above spoken of is defined, the more easy<lb/> is it for the Court of King's Bench (which in <lb/> granting or refusing on information governs itself<lb/> principally if not exclusively by the consideration <lb/> of motives and intentions) to <del>judge</del> pronounce whether<lb/> <add> in doing as he did</add> the Magistrate complained <del>for</del> of had or had<lb/> not really in view the object prescribed to him <lb/> by the Act. Thus <del>of</del> <add>supposing</add> information <del>to be lodg</del> had<lb/> against a Goldsmith of known opulence and respectability<lb/> for purchasing without a licence; and through<lb/> malice <add>suppose</add> a warrant granted; and the Goldsmith brought<lb/> under custody to answer for an offence against <del>an Act</del> <add> a Law</add> <lb/> not extending (as he thought) to his case: is, suppose him<lb/> <add>again</add> committed the instant after conviction, and at the same<lb/> time a warrant of Distress and Sale issued and <del><gap/></del> <lb/>acted upon before he had had time to get a draught paid<lb/> by his Banker for the money. Without the words of direction<lb/> <add> such as those</add> given in the Bill, <del>it might be</del> <add> <del> such labour</del></add> <add> the proceeding might be </add> <del>imputed to</del> excused<lb/> on the ground of excess of zeal, or want of understanding: but <lb/> under [+]<lb/> <note>[+] under those words,<lb/> the matter would<lb/> stand self-betrayed;<lb/> the proceeding being<lb/> so <del>considerably</del> <add> palpably</add> unnecessary<lb/> to the only<lb/> purpose assigned<lb/> as constituting a <lb/> sufficient ground<lb/> for it.</note> </p> | ||
+ Inserenda 130
Observations
V. Penalties &c
§.38
91 continued
Specifying as is done in the text on more
occasions than one, the object which a Magistrate
shall have in view in the exercise of the powers
intrusted to him, is a practice which
op not only serves as a guide, but operates
powerfully as a check : and thus enables the
legislation for the benefit of the public or the
individual to give powers of such magnitude
as it might otherwise be scarcely safe to give.
In case of abuse of the power, it answers the
purpose not only of printing the censure of the
public at large upon the offender, but even of
widening and clearing the ground on which legal
concern may attach: for the more clearly the
object above spoken of is defined, the more easy
is it for the Court of King's Bench (which in
granting or refusing on information governs itself
principally if not exclusively by the consideration
of motives and intentions) to judge pronounce whether
in doing as he did the Magistrate complained for of had or had
not really in view the object prescribed to him
by the Act. Thus of supposing information to be lodg had
against a Goldsmith of known opulence and respectability
for purchasing without a licence; and through
malice suppose a warrant granted; and the Goldsmith brought
under custody to answer for an offence against an Act a Law
not extending (as he thought) to his case: is, suppose him
again committed the instant after conviction, and at the same
time a warrant of Distress and Sale issued and
acted upon before he had had time to get a draught paid
by his Banker for the money. Without the words of direction
such as those given in the Bill, it might be such labour the proceeding might be imputed to excused
on the ground of excess of zeal, or want of understanding: but
under [+]
[+] under those words,
the matter would
stand self-betrayed;
the proceeding being
so considerably palpably unnecessary
to the only
purpose assigned
as constituting a
sufficient ground
for it.
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Identifier: | JB/150/554/001"JB/" can not be assigned to a declared number type with value 150. |
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91 continued |
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150 |
police bill |
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554 |
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001 |
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text sheet |
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recto |
f130 |
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jeremy bentham |
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50775 |
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