JB/150/627/002

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Inserenda
Observations
V. Procedure
§
Penalty &
2
Inadequacy of
the ordinary
mode. Imprisonment
in default
of distress
To

from a penalt at least a part of it, a penalty
composed consisting of pecuniary
forfeiture
alone
will not suffice for making the requisite
impression upon the minds of the opulent mind of a delinquent of
the opulent class. class of delinquents. But, on the other hand, neither under the
ordinary mode of arranging the business provision in this case , will
a penalty of this sort be measure itsel be adequate
to its purpose in the instance of those who those who
have but of small property or none.
In the ordinary mode imprisonment is indeed
provided, but in such manner as not to be
capable of being resorted to but in default
of sufficient distress, that is not untill the nonexistence
of such sufficiency is ascertained. A warrant
of distress must be granted in the first
place, and this although it should be known
at the very time of granting it that nothing distrainable
will be to be found. If the offender
be not a Housekeeper there is no chance of giving
effect to the law in this way: and if he is a
Housekeeper the chance is a very precarious one.
It is his own fault, so to speak, or that of his
Attorney, if when the Constable comes to with the
Warrant to his House there is any worth taking
to be found in it. In the case of Distress for
Rent, there is a law empowering the party
entitlled to make Distress, (viz: the Landlord) to
follow the goods for a certain period after removal,
and seize them wherever they are to be found:
but this Law does not extend to Distresses made
by the authority of a Justice under a probentur
Statutio for giving the purpose of levying a penalty penalties
as here.

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Identifier: | JB/150/627/002"JB/" can not be assigned to a declared number type with value 150.
Date_1		Marginal Summary Numbering
Box	150	Main Headings	police bill
Folio number	627	Info in main headings field
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b6 / f198
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	50848
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