JB/042/809/001

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1824 Decr. 16 1825 Decr. 20 + Constitutional Code

Ch. XXVI Local Headmen Headmen Registrars §. Uncommissioned prehension Instructions English practice

1

Instructions.

§.12. Uncommissioned prehension warranting function

Instructions to the Legislator

1 Art. 1. Anglicé, any person seeing a felony committed may prehend and adduce him to a Justice of the Peace But who knows what a felony is? All it signifies and that but ambiguously is the punishment, not the offence

In English practice a man who sees another committing a felony may apprehend him and bring him before a Justice of the Peace. But a felony what is it? A felony is every crime sort of not for which a certain mode of punishment is appointed. Who is there by whom a list in whose head is repeated stored a list of all the compleat list or one thing like a compleat list of those same all list a man in the whole kingdom: no such man is nor was or ever can be.

2 Art. 2. True in some cases. Of depredation for instance. But between depredation felonious and do non- felonious endless and generally uncognizable are the distinctions

True it is that under the denomination some of the most mischievous of crimes — such as murder, by night and highway robbery would be most men of not all men habitual criminals or criminals be understood probably regarded to be included. But of and friends not to speak of its distinction, between felony and non-felony are endless

3 Art. 3. Within reachable distance perhaps 1. there is no such function 2. — or he is out of the way 3. — or he chooses not to act:: and for performance of functions is not obligatory in the case of these functionaries

But suppose by a pass too — by what proportion of the population of the country is are the existence shape and boundaries of it known? Suppose however a person to by whom this necessary knowledge is possessed, and the accuser having place suppose the act of apprehension to have place in consequence The supposed felon apprehended what is he to with him: he is to be taken, and taken he is accordingly before some Justice of the Peace. But 1. within ten miles of the place there is not perhaps any such person or an acting Justice who is in the habit of his on such occasion 2. On the occasion in question however so it happens that there is one. But is he not at the time on the way? Is he not out with the hounds, or in a gossiping or eating or drinking visit or to some neighbour. 3. Suppose him however at home? Will he do any thing on the business? Not if, either in the shape of or p business or , there be any thing else which it would be more agreeable to do. For in this office institution, it is all p no obligation This is of the very essence of it: every man at all times, does the business business whatever it be or leaves it undone, just as he pleases.

Identifier: | JB/042/809/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-12-16	Marginal Summary Numbering	1-3
Box	042	Main Headings	constitutional code
Folio number	809	Info in main headings field	constitutional code
Image	001	Titles	instructions / uncommissioned prehension warranting function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13732
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