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<!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 10 <note>119</note><lb/>Police Bill <note>Observations</note></p> <note>V. Penalties &c<lb/> <del> §9 </del> <add>§.37</add> continued<lb/> 89 continued<lb/> Observations</note> <p> <del> §9 [3] [<hi rend="underline">Not exceeding seven years</hi>] p.16.</del> If it were<lb/>not for the formidable sound of the word <hi rend="underline">felony</hi>, it <lb/> might be better to make it <hi rend="underline">felony</hi> at once (meaning <lb/><hi rend="underline">single</hi> felony) on account of the advantages attending<lb/>the | <!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 10 <note>119</note><lb/>Police Bill <note>Observations</note></p> <note>V. Penalties &c<lb/> <del> §9 </del> <add>§.37</add> continued<lb/> 89 continued<lb/> Observations</note> <p> <del> §9 [3] [<hi rend="underline">Not exceeding seven years</hi>] p.16.</del> If it were<lb/>not for the formidable sound of the word <hi rend="underline">felony</hi>, it <lb/> might be better to make it <hi rend="underline">felony</hi> at once (meaning <lb/><hi rend="underline">single</hi> felony) on account of the advantages attending<lb/>the mesne process in case of felony in comparison<lb/> of that in case of <add> a</add> misdemeanour<del>s</del>: advantages too <lb/>numerous and various to be here repeated, and which<lb/>could not <add> all of them be extended to the misdemeanour created by this Act</add> <del>be given in detail</del> (though some of them<lb/> are) <del>in this Act,</del> without a detail too <del>minute <lb/>and</del> particular and voluminous to be endured. Letting <lb/>aside these advantages the only <add> very material</add> difference between the <lb/> effect of a conviction <add><del> as for</del></add> of felony and <del>the</del> conviction <add>as</add> for <lb/> a transportable offence, <del> as to</del> without felony , as here, <lb/> consists in the <sic>swaping</sic> forfeiture which attaches to felony,<lb/>but which is so rarely eluded, where there is property<lb/> to render it worth while, that the difference in <lb/>point of terror may be reckoned as nothing.</p> <p> By the g G.2.c.35.§.28, not only "<hi rend="underline">wounding</hi> or<lb/>"<hi rend="underline">beating</hi>", but "<hi rend="underline">forcibly hindering, opposing or obstructing</hi>" an <lb/> "Officer of the <del> Excise or</del> Customs or Excise." on board a <lb/> Ship ..or boat within the limits of any of the Ports," is <lb/> made punishable by transportation (without felony) as <lb/> above. This is <hi rend="underline">without felony</hi>: but by §.10. of the same<lb/>Act, persons assembling <del>to the</del> "with oppressive arms or weapons<lb/> . . "in order to be aiding and assisting in the clandestine<lb/>"running, landing, or carrying away prohibited" or <lb/> "<sic>uncustomed</sic> goods" <del>are</del> <add> or " </add> to rescue the same after seizures"<lb/> <del>and</del> or "to watch for proper opportunities for that purpose,"<lb/> if, "assembled to the number of three or more" ..."in any<lb/> "town or village adjacent to the sea", are to be "adjudged<lb/> "guilty of felony" as well as transported for seven years<lb/> <hi rend="underline"><gap/>.</hi> </p> | ||
+ Cd 10 119
Police Bill Observations
V. Penalties &c
§9 §.37 continued
89 continued
Observations
§9 [3] [Not exceeding seven years] p.16. If it were
not for the formidable sound of the word felony, it
might be better to make it felony at once (meaning
single felony) on account of the advantages attending
the mesne process in case of felony in comparison
of that in case of a misdemeanours: advantages too
numerous and various to be here repeated, and which
could not all of them be extended to the misdemeanour created by this Act be given in detail (though some of them
are) in this Act, without a detail too minute
and particular and voluminous to be endured. Letting
aside these advantages the only very material difference between the
effect of a conviction as for of felony and the conviction as for
a transportable offence, as to without felony , as here,
consists in the swaping forfeiture which attaches to felony,
but which is so rarely eluded, where there is property
to render it worth while, that the difference in
point of terror may be reckoned as nothing.
By the g G.2.c.35.§.28, not only "wounding or
"beating", but "forcibly hindering, opposing or obstructing" an
"Officer of the Excise or Customs or Excise." on board a
Ship ..or boat within the limits of any of the Ports," is
made punishable by transportation (without felony) as
above. This is without felony: but by §.10. of the same
Act, persons assembling to the "with oppressive arms or weapons
. . "in order to be aiding and assisting in the clandestine
"running, landing, or carrying away prohibited" or
"uncustomed goods" are or " to rescue the same after seizures"
and or "to watch for proper opportunities for that purpose,"
if, "assembled to the number of three or more" ..."in any
"town or village adjacent to the sea", are to be "adjudged
"guilty of felony" as well as transported for seven years
.
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Identifier: | JB/150/543/001"JB/" can not be assigned to a declared number type with value 150. |
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89 continued |
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d10 / f119 |
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jeremy bentham |
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50764 |
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