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With the option having been given, the Magistrate will
resort to the one mode or the other, imprisonment
or distress, according to the exigency of the case.
If the stock of amissible property be appear sufficient
likely to be sufficient, he will naturally resort
to that course in preference, as being the more
certain and direct: in the other case he will resort
to employ imprisonment in the first instance. The
effect of the words "with or without imprisonment" is it must
be confessed that
of
commanding the employment of both
of them, together, which, at least according to hitherto, it is believed
the general run of this procedure, is not allowed
has not hitherto commonly been allowed. Yet when a man
has really received public money for this public
use, it will be seems seems difficult to find a reason why
there should be any way left open for him to
waste or it: which
he will be find himself at liberty to
do, if securing after he has secured from jsutice placed out of the reach of justice the whole of his accessible property
or leaving has left only such part of it accessible to the
distress as will be sufficient to cover but a part
of the debt, distress and sale should be the mode
pitched upon in the first instance: for them however
small the part in that mode
he must go quit for the remainder. In a case
where it is known that a man has distrainabke
property sufficient to cover the debt, and
that that property has not been removed nor will can
be removed before the minister officer of Justice will
have time to seize it, this alone consequently and
not imprisonment is the mode that will be
naturally be employ'd: if it is however that
he
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Identifier: | JB/150/490/001"JB/" can not be assigned to a declared number type with value 150. |
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150 |
police bill |
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490 |
police bill |
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001 |
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text sheet |
1 |
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recto |
d2 / f66 |
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jeremy bentham |
g & ep 1794 |
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fr3 |
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1794 |
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50711 |
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