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Observations
As to the second objection, that which arises from the incommodiousness
of the mode of procedure whereby a
penalty thus created is pursued to execution against this it is
obviated by in the instance of this particular
head of delinquency, a provision is made in the
same Statute. The prosecution iss to be at the
Sessions: the formality of a Grand Jury is dispensed
with: The determination is to the
petty Jury. This however is but a palliative. The recognizance
is as the phrase is, to be estrated into the
Exchequer: The prosecution instead of being concluded in
the Court where it began, makes a sadder stop when
it has go as far
arrived at Judgment: the order of execution as to
from Westminster Hall: and when almost into
port, the prosecutor and accused are blown off
stormy ocean of regular chicane.
what prevented the mischief from recurring a complieat
remedy, was the sound of the word Recognizance. Of Recognizances
the adjudged to be forpected by the Courts
upon them by other Courts, the penalty had always
been levied by process out of the Exchequer.
By process therefore out of the Exchequer they must
to be levied or not at all. It is true that in the
common mode of proceeding the prosecution was to be
as far as
brought on to Judgement by an and therefore
expensive mode of procedure
species of section called a Soire facias: and
Identifier: | JB/079/093/001"JB/" can not be assigned to a declared number type with value 79. |
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observations |
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jeremy bentham |
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