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I DIGEST. Publican's Law. Observations.
The purport ofThese articles which corresponding& /1.
and 26 G. 2. 31. The general purport <add>design of them </add> is to prescribe the formalities with
which licenses are to be granted. The obvious effect of this is
to make the compliance with all these formalities a condition
sine qua non to the validity of the license which however,
since their being complied with [the compliance with them] does not depend upon the
persons (namely the Publicans) whose security depends upon
their being valid, seems rather hard. The particular manner in provisions by
which that design is executed, is liable to many several
objections.
paragraph
In the first place the different tribunals of Jurisdiction into tribunals which for the purpose
in question it is meant to constitute, the different Fields of
Jurisdiction with which the Realm is for that purpose resolved
into, are very inadequately marked out described. The word
used to denote such locus is Division. a Now to the word
Division, nothing being said to limit signification of it,
the sense naturally given by a person who should take his
notion of it only from the Law, would be that of such a
Division, such a District neither more a greater nor a less, as has separate Justices of
it's own, that are not Justices in virtue of the same Commission
for any other Division; that is in the 1st Counties
and Divisions correspondent to Counties;in the
next place Boroughs Corporate Towns. But this in fact
is not the sort of Division here meant; but a subordinate Division
viz: a Hundred whether known by that name or another cor-
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jeremy bentham |
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