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Procedure. §51
The fine is the punishment of the delinquent
that has money: the imprisonment of him
that has none. now there is the same
reason for one of them knowing his punishment,
as the other.
But as this limited imprisonment was is to take place
only where the prosecution is in the summary
way, it would have been an illusion to subjoin
it all along to as succedaneous to
the fine.
Tenderness of the property of the subject, consists
not, whatever may he have been insinuated by
certain writers, in causing a deft to spend
from £15 to £25 upon a Jury-Trial for
the a [supposed] better chance of saving a [third
or a] 10th part of the money: but furthering carefullness
against the interest of opposition to weed out the seeds of opposition [out of] a System
by which alone [the purposes 12 To much better purpose are Both the one tenderness and the other was much better accomplished of Justice can be executed]
[in matters of such inferior amountconcern.]
tenderness
As little does tenderness of his liberties consist, in
devoting substituting him to perpetual imprisonment in
case of [conviction and] insolvency to [save him from]
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§50
Secure to be paid. This is the only occasion upon
which we hear any thing about a security being
acceptable instead of payment — Yet if it such an is proper
on this occasion, I suppose it will hardly be thought
that this is the only one in which it is so.
It is not expressed whether it shall be considered
as optional discretionary or compulsory upon rthe Magistrate.
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jeremy bentham |
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