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who ashamed to do so<lb/> | who ashamed to do so<lb/> | ||
in <unclear>former <hi rend="underline">purposes</unclear></hi>,<lb/> | in <unclear>former <hi rend="underline">purposes</unclear></hi>,<lb/> | ||
abstain from prosecuting.</p><!-- Line across column before next paragraph --> | abstain from prosecuting.</p><!-- Line across column before next paragraph --> | ||
<p>6.The natural & | |||
necessary expense<lb/> | |||
of prosecution<lb/> | |||
ought not to be<lb/> | |||
enhanced by artificial<lb/> | |||
charges, such<lb/> | |||
as taxes: bourne<lb/> | |||
bu the public they<lb/> | |||
are nugatory: by<lb/> | |||
the individual, they<lb/> | |||
are oppressive, & repugnant<lb/> | |||
to the end<lb/> | |||
in view.</p><pb/> | |||
<!-- Next paragraph in faint pencil --><p>At the <unclear>eve</unclear> of <gap/><lb/> | |||
<add><gap/></add> It would <gap/> <gap/><lb/> | |||
not altogether with<lb/> | |||
warrant as committal,<lb/> | |||
if it could<lb/> | |||
bring itself <unclear>to</unclear> <gap/><lb/> | |||
that the <gap/><lb/> | |||
the <unclear>practice</unclear> of which<lb/> | |||
it has taken upon<lb/> | |||
itself to <unclear>recommend</unclear> <add><unclear>exercise</unclear></add><lb/> | |||
a Board <gap/><lb/> | |||
with <gap/> <gap/><lb/> | |||
powers, would<lb/> | |||
rise out of <unclear>its</unclear> <gap/></p> | |||
<p>Means of diminishing<lb/> | |||
the expenses of prosecution -<lb/> | |||
distinction between<lb/> | |||
natural & factitious</p> | |||
<p>1. Most <unclear>eligible fraud</unclear><lb/> | |||
the property of the<lb/> | |||
delinquent</p> | |||
<p>2. Next most <unclear>eligible</unclear><lb/> | |||
the public revenue</p> | |||
<p>3. Lastly the individual<lb/> | |||
injured.</p> | |||
16 July 1798 Police Report
N.S. Wales
deferenda
Where dominion
is concerned,
men cling to
a dead burthen,
with as
much pertinacity, obstinate an
attachment as if
it were a revenue
It is for the
preservation of this
luxury, the aliment
to food of the ambition
of the
governing classes
amongst us,
that we levy
laxes on Salt
Coals, and other
necessaries of
life, taxes upon
medicine, taxes
upon justice, &
other taxes upon
distress: for were
we to rid ourselves
of the £137000
a year which
it costs us to
keep in action
this engine of
punishment,
£137,000 a
year. no inconsiderable
portion
of the sum collection
of the produce
of all those
several taxes
might be remitted.
To judge
of the utility of
any expense,
compare it with
the burthen of
a proportionable
part of the
amount of the
most oppressive
tax: for by giving
up the one, the
other may be saved.
---page break---
Expenses of Prosecution
Estimate of this
mass of expense
to be collected from
miscellaneous
sources -
1 From County Sessions Prosecution
2 Assize Prosecutions
Unaccounted
1. Prosecutions
before single
Justices
2. Do at Petty
Sessions. of Justices
3. Ecclesiastical
Courts
4 Prosecutions
remitted posted off
from one part of
Court to another
---page break---
Expenses of the
mischief of delinquency
These being expenses
falling on
individuals are
not at present
known: nor can
the knowledge of
them be procured obtained
otherwise than by
invitation
Expenses - Fund
1. Cases in which
the public is obliged
to bear the
expense of prosecution -
or there
would be no prosecution
2. Cases where it is
obliged not only
to indemnify but
to prosecution -
Smuggling
&c
3. Cases in which
there is that one
interest the
while raise up
prosecution among
individuals in
ability not being
wanting
4. The expense of
prosecuting ought
not to be left
in any case to
bear upon the individual -
The
service is rendered
to the public. It
is a tax upon
distress, & upon
monstrous service.
5. But the public
must fund for its
own prosecutions
its own manager:
This evidents if
their Sollicitors
Bills were paid,
would make business,
for the sake of
the Sollicitor.
---page break---
Topics of Improvemt.
1. Rewards discretionary
instead
of fixed.
2. Expense of prosecution -
in all
cases to be displayd
by so far
as concerns Salaries
to Sollicitors
and Council
3. In Public prosecutions
Sollicitors
whether to be paid
by fees or Salaries?
6. Sollicitors - how
to be paid. the
principle of no
success no pay
is observed in the
case of the inference
paid by a
in the penalty -
who has no such
controul as the
Sollicitor.
This would engage
to prosecute persons
who ashamed to do so
in former <hi rend="underline">purposes</hi>,
abstain from prosecuting.
6.The natural &
necessary expense
of prosecution
ought not to be
enhanced by artificial
charges, such
as taxes: bourne
bu the public they
are nugatory: by
the individual, they
are oppressive, & repugnant
to the end
in view.
---page break---
At the eve of
It would
not altogether with
warrant as committal,
if it could
bring itself to
that the
the practice of which
it has taken upon
itself to recommend exercise
a Board
with
powers, would
rise out of its
Means of diminishing
the expenses of prosecution -
distinction between
natural & factitious
1. Most eligible fraud
the property of the
delinquent
2. Next most eligible
the public revenue
3. Lastly the individual
injured.
Identifier: | JB/150/321/003"JB/" can not be assigned to a declared number type with value 150. |
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1798-07-16 |
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150 |
panopticon versus new south wales; police bill |
||
321 |
police report |
||
003 |
n. s. wales deserenda / topics of improvemt |
||
rudiments sheet (brouillon) |
2 |
||
recto |
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jeremy bentham |
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50542 |
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