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<head>33) Observations (33</head><lb/>they may and therefore ought to be established. And the<lb/>penalty <del>agreable according to the</del> <del><add>in consequence of</add></del><add>agreable to</add> <add>the</add> essential nature of a recognizance<lb/>being fixed, it is infinity to one that in any given<lb/>case it is either too <del>great</del> little or too great.<pb/>Dig. <del><gap/></del> Sect.I. Art.XXII. Stat.L.J.1.ch.4.<lb/>This contrivance <add>General policy</add> of this Statute is well imagined: but the<lb/> | <head>33) Observations (33</head><lb/><p>they may and therefore ought to be established. And the<lb/>penalty <del>agreable according to the</del> <del><add>in consequence of</add></del><add>agreable to</add> <add>the</add> essential nature of a recognizance<lb/>being fixed, it is infinity to one that in any given<lb/>case it is either too <del>great</del> little or too great.<pb/>Dig. <del><gap/></del> Sect.I. Art.XXII. Stat.L.J.1.ch.4.<lb/>This contrivance <add>General policy</add> of this Statute is well imagined: but the<lb/>methods of carrying it into effect <del>are</del> want many additions to<lb/>make them perfect.</p> As to the general policy of it, it exhibits an instance of what I would call Indirect Legislation. The mode of conduct <note>+ultimately of the expression appear more proper, <del>the</del> primarily obnoxious, the mode of conduct</note> which it has <add>ultimately, or primarily</add> in view to suppress is that<lb/>of selling Ale by <add>unlicensed</add> persons [not having a license.] This<lb/><del><gap/></del> mode of conduct <del>has</del> had been by <add>other</add> previous regulations,<lb/>constituted an offence, which <del><gap/></del> <add>offence</add> for the present purpose<lb/>may be called the Principal offence. <del><gap/><gap/></del> <add>Upon examining</add><lb/><del>questions</del> <add>into the circumstances</add> of this offence, <del>it was found</del> <add>an observation was made</add><lb/><del>that</del> <add>of a nature</add> if properly applied to enable the Legislature to combat<lb/>it with very increased advantage. Another mode of<lb/>conduct was found <del>of a nature <sic>necess</sic></del> <add><del><gap/></del> <add>with which the offence in question was in the</add><lb/>nature of things necessarily connected; by which it was necessarily<lb/>preceded. By taking then this latter mode of<lb/>conduct, <del>as well as the principal one</del> and making<lb/>this too as well as the principal one, an offence, the<lb/>field of guilt, if one may be allowed the metaphor, that<lb/>was exposed to the artillery of the Legislature, was<lb/>doubled, and supposing the chance of bringing offenders to | ||
33) Observations (33
they may and therefore ought to be established. And the
penalty agreable according to the in consequence ofagreable to the essential nature of a recognizance
being fixed, it is infinity to one that in any given
case it is either too great little or too great.
---page break---
Dig. Sect.I. Art.XXII. Stat.L.J.1.ch.4.
This contrivance General policy of this Statute is well imagined: but the
methods of carrying it into effect are want many additions to
make them perfect.
As to the general policy of it, it exhibits an instance of what I would call Indirect Legislation. The mode of conduct +ultimately of the expression appear more proper, the primarily obnoxious, the mode of conduct which it has ultimately, or primarily in view to suppress is that
of selling Ale by unlicensed persons [not having a license.] This
mode of conduct has had been by other previous regulations,
constituted an offence, which offence for the present purpose
may be called the Principal offence. Upon examining
questions into the circumstances of this offence, it was found an observation was made
that of a nature if properly applied to enable the Legislature to combat
it with very increased advantage. Another mode of
conduct was found of a nature necess <add>with which the offence in question was in the
nature of things necessarily connected; by which it was necessarily
preceded. By taking then this latter mode of
conduct, as well as the principal one and making
this too as well as the principal one, an offence, the
field of guilt, if one may be allowed the metaphor, that
was exposed to the artillery of the Legislature, was
doubled, and supposing the chance of bringing offenders to
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Identifier: | JB/079/090/001"JB/" can not be assigned to a declared number type with value 79. |
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jeremy bentham |
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