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<!-- pencil annotations --><p> + C<hi rend="superscript">d</hi | <!-- pencil annotations --><p> + C<hi rend="superscript">d</hi> 3 <note>37</note><lb/> <note>Preliminary<lb/> Observations</note></p> <note>Power of regulation<lb/> 22 continued</note> <p> In Burn's Justice, <del>title</del> <add> article</add> <hi rend="underline">Alehouses</hi> Section IV.<lb/> entitled "<hi rend="underline">Recognizance and forfeiture thereof</hi>," it is said<lb/> "And he (Mr Dalton) says, in some Shires the Justices<lb/>" have agreed upon certain articles framed by their<lb/>"discretion, and generally to be propounded to all common<lb/>" Ale-sellers: taking their Bond for performance of the <lb/>" same: <del>and</del> a copy whereof they used to deliver to <lb/>" every of them; which manner (he says) had been <lb/> " allowed."</p> <note>23<lb/> Such a power<lb/> is altogether for <lb/> the advantage of <lb/> the persons over <lb/> whom it is exercised</note> <p> How far the practice thus <del>commanded to</del> <add> approved of </add> is <lb/> pursued at present, is an enquiry <del><gap/> extensive for</del> <add> foreign <gap/> to</add></del><lb/> <del> which would be <gap/> </del> <add> not <del> <gap/> <gap/> to</del> very material to </add> the present purpose: the sanction<lb/> <del>ru</del> thus given to the practice remains, and extends<lb/> over the whole country, <del> whether </del> howsoever it may<lb/> be with regard to the practice itself: <add> and </add> thus <del>it</del> stands<lb/> the matter in point of <hi rend="underline">precedent</hi>. [<del> <gap/> of</del> <add> Considered with reference</add> <lb/>to utility <add> <del> to <gap/> </del> in the abstract, the power</add> <del>the nature <add> institute</add> </del> may appear a strong one, <lb/> and has certainly for its direct object rather the <lb/> advantage of the community in general, than that<lb/> of the particular class of persons thus <del> rendered sub</del> <add> put under</add> <lb/> <del>just to command</del><add> subjection:</add> — but the more closely it is <lb/>examined into, the more beneficial it will be proved<lb/> even with reference to those <add> very</add> persons themselves, <hi rend="superscript">[+]</hi> <del>It</del> <note><del> [+] If they are to be <gap/> and regulated</del> [+] Admitting that they are to be subjected to <sic>controul</sic> and regulation in certain respects, it</note> is<lb/> altogether for their advantage that <del>at</del> an intermediate<lb/> authority, especially an authority so <lb/> much more accessible to them should be interposed<lb/> between them and Parliament. <add> Supposing</add> <del>If</del> Parliament <add> to </add> be <del>led</del> <lb/> <add> on any occasion led</add> into error, whether by <del>the</del> error or <del><gap/> </del> corruption on<lb/> the part of those in whom its confidence has been <lb/> bestowed, <del> the error</del> there is no higher authority by<lb/>which the error can be <del>rectified</del> <add> redrafted</add> and having to do <lb/> with a body at once so fully occupied and so difficult<lb/> to be <gap/> the class <add> thus</add> <unclear>appraised</unclear> may have years to wait <lb/> <add> before</add> </p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
+ Cd 3 37
Preliminary
Observations
Power of regulation
22 continued
In Burn's Justice, title article Alehouses Section IV.
entitled "Recognizance and forfeiture thereof," it is said
"And he (Mr Dalton) says, in some Shires the Justices
" have agreed upon certain articles framed by their
"discretion, and generally to be propounded to all common
" Ale-sellers: taking their Bond for performance of the
" same: and a copy whereof they used to deliver to
" every of them; which manner (he says) had been
" allowed."
23
Such a power
is altogether for
the advantage of
the persons over
whom it is exercised
How far the practice thus commanded to approved of is
pursued at present, is an enquiry extensive for foreign to
which would be not to very material to the present purpose: the sanction
ru thus given to the practice remains, and extends
over the whole country, whether howsoever it may
be with regard to the practice itself: and thus it stands
the matter in point of precedent. [ of Considered with reference
to utility to in the abstract, the power the nature institute may appear a strong one,
and has certainly for its direct object rather the
advantage of the community in general, than that
of the particular class of persons thus rendered sub put under
just to command subjection: — but the more closely it is
examined into, the more beneficial it will be proved
even with reference to those very persons themselves, [+] It [+] If they are to be and regulated [+] Admitting that they are to be subjected to controul and regulation in certain respects, it is
altogether for their advantage that at an intermediate
authority, especially an authority so
much more accessible to them should be interposed
between them and Parliament. Supposing If Parliament to be led
on any occasion led into error, whether by the error or corruption on
the part of those in whom its confidence has been
bestowed, the error there is no higher authority by
which the error can be rectified redrafted and having to do
with a body at once so fully occupied and so difficult
to be the class thus appraised may have years to wait
before
Identifier: | JB/150/761/001"JB/" can not be assigned to a declared number type with value 150. |
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jeremy bentham |
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50982 |
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