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9 Observations
who shall be punished for the transgression? the transgressor
himself, or another person who cannot help it? The answer
seems not difficult to give. It is sufficient, if another
person who would have received a benefit from that transgression the act prohibited
which perhaps he ought not to have received,
is excluded from that benefit. That one man should be prevented
from taking advantage by another's wrong, is surely
sufficient, without his being made to suffer detriment.
Another thing to be consider'd is that the interest of the
Magistrate has in the occupation that disqualifies him
may happen to be a secret one: in this case there is
In this an additional reason why he should smart for his own transgression,
and not the Publican.
Dig.p.3. Art.II.26.G.2.c.31./.2.19
A strange oversight seems is here to have been committed [in this regulation.]
"Persons not licensed the year preceding" to speak
in the words of the act, must be neither i: e: I suppose,(not licensed by
the Justices acting for the Hundred in which the House
is situated,) must be either old inhabitants or new inhabitants.
If old inhabitants they must be such as either
1st Never Kept a Public House before tho' they hold in the Parish before,
have never kept a Public House in it before,
or 2dly such as having at a former period of their
lives kept a Public House, did not think proper to
keep one & therefore did not apply for a license the year last
preceding time of licensing; or 3dly Such as having applied
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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