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TURNPIKE ACT. Observations on. XVIII
As to Bill,It is probably seems to be put in contradistinction
to original, &
used to be inserted to have been at least, for the sake
of giving Jurisdiction to the
King's Bench not entirely comprehending wherein consists what particular
mode of prosecution if any, distinct from Action
it is meant to design. I have nothing more
to say.2 Whether the
new model by that
extends to Debts thus
by Forfeiture Plaint being a proceeding in a
County Court would sends the matter (except it be in any other
County than in Middlesex) to be tried by the Attorney
(whoever he is that in spite of the Statute is the
Under-Sheriff) at an the next Alehouse were it not for the words that follow.These words cure that
mischief, but then thus
make the other word
negatory
It is pleasant enough to
observe how the common
Function &c The particular
advantage of proceeding by Information, is, that it
adds makes a comfortable addition to the expense. The
of the matter seems to be, that the , used accustomed to the
single, going on without any discretion
from the thinking faculty
131 §53
The common by which the Exchequer gets it
Jurisdiction applies pleasantly enough to an Action
thus founded. The Plff by way of inducement
to the Court to take his cause in hand, acquaints
them, that by his not having this Horse, for
whatever it is that he expects the Action will by & by to
give him be worth to him) he finds himself disabled from paying
what he ows to his Majesty— just as so I
lost was £20,000 out of pocket by [not being in] the last Lottery.
131 §59
Let no one doubt whether a .... will betake
himself to this crooked path approval to Justice, when the Law
to him a straight one: he will not to prefer the ;
agreeably to the established ink on all these cases,
which is when the same thing and can be done compared either by truth or
falsehood, to chuse prefer the latter.
Guided, or rather indeed
compelled by
usage
good old rule of old established
for all these cases
Constables
132 §47
The term expression of carrying Act into execution" is so vague
that it might be considered looked upon by some as imparting an the
obligation on these Officers to prosecute inform as is laid upon
Turnpike Officers; such, I must acknowledge was the
light in which it struck me at the first reading.
The truth is on the contrary, that the sphere of their
action is meant to be, considering the class of what it ought to be, very confined:
it is but to follow (except in the case of keeping
seizures) under the direction which is particular
in each instance of the Magistrate. All then,
that is wanting, to take away from the description from their duty this
face of terror formidable appearance, is to represent it this in its in true just
light.
133 §53
It is a pity that no express provision is to be found in
this Act, concerning the application of pecuniary Forfeitures
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turnpike act observations on xviii |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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