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<note>Every stamp-duty <lb/>has not this property <lb/>— instance <lb/>that on cards<lb/></note> | <note>Every stamp-duty <lb/>has not this property <lb/>— instance <lb/>that on cards<lb/></note> | ||
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It is not however every duty of those that<lb/>are called stamp-duties that | <p>It is not however every duty of those that<lb/>are called stamp-duties that possess this advantage.<lb/> To know where it has place and where it<lb/>has not we must look at <add>to</add> something else besides<lb/>the circumstance of the mark set upon a piece<lb/><add>of parchment or a piece</add> of paper [or a piece of anything else.] The <add><unclear>interior</unclear></add> test<lb/>is how is the payment to be enforced? by <add>simply</add> <sic>with-holding</sic><lb/>services which a man will find himself obliged to<lb/>claim or by <del>inflicting taking positive steps</del> making<lb/>inquisition after delinquency and inflicting <add>positive</add> punishment<lb/>upon proof? The duty upon cards for instance<lb/>is reckoned a stamp-duty: for <del>stamps</del> <add>marks</add> are<lb/>stamped upon the cards. But it is not enforced<lb/>in the same way: <del>for a man</del> <add>for</add> four people may<lb/>make up a party at whist without a judge.<lb/>The stamp is unquestionably of use, <note>See <del>Ch.</del> infra Ch.<lb/></note> but it is of use<lb/>in another way: a penal prosecution <add>on purpose</add> is still necessary: <lb/>for which prosecution the want of the stamp<lb/>yields <add>furnishes</add> evidence: it is punishment that is applied<lb/>not reward that is <sic>withholden</sic>.<lb/></p> | ||
9
Indirect
Rewarding
We
We are not to suppose all this while that
Every stamp-duty
has not this property
— instance
that on cards
It is not however every duty of those that
are called stamp-duties that possess this advantage.
To know where it has place and where it
has not we must look at to something else besides
the circumstance of the mark set upon a piece
of parchment or a piece of paper [or a piece of anything else.] The interior test
is how is the payment to be enforced? by simply with-holding
services which a man will find himself obliged to
claim or by inflicting taking positive steps making
inquisition after delinquency and inflicting positive punishment
upon proof? The duty upon cards for instance
is reckoned a stamp-duty: for stamps marks are
stamped upon the cards. But it is not enforced
in the same way: for a man for four people may
make up a party at whist without a judge.
The stamp is unquestionably of use, See Ch. infra Ch.
but it is of use
in another way: a penal prosecution on purpose is still necessary:
for which prosecution the want of the stamp
yields furnishes evidence: it is punishment that is applied
not reward that is withholden.
Identifier: | JB/087/144/001"JB/" can not be assigned to a declared number type with value 87. |
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087 |
indirect legislation |
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144 |
indirect |
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001 |
note |
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text sheet |
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recto |
f9 / f10 / f11 / f12 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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27669 |
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