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PERSONS at large SECT. XII.
Observations continued.
If, as I take for granted to be the case, the several mischiefs of this kind will still come within an Indictment,
tho £9, which stands the superior limit of the penalty here appointed, may be high enough: mean a mischief to more than
that amount being such an object worth as may warrant bringing an Indictment for, a mode of prosecution considerably less expensive
than a civil Action. Imperfect Inadequate indeed would this remedy penalty be d could there were be no other greater: since for the sake of
the stories, for example, of the parapet of a bridge, and of the lead with which they are cemented, it might often
in many instances be worth a man's while not only to run the risque of it, but actually to pay it. In truth
the damage that may be done to works of this kind for a lucrative purpose,seems hardly to have come into
consideration
[...Proved to be done ...O.] Another instance of a product parcel <add>couple of</add> words worth less than nothing. "Where an offence <hi rend='underline'>shall be </hi>
done" is plain enough can have but one meaning: "Where an offence is <hi rend='underline'>proved to be done</hi>" has two: one, the same as the former,
being that which it is here I suppose designed to have: another - "When proof shall be made of its' having
been done"; which is to the full to many and one who is <add> a plain man unversed in Law not a Lawyer may appear </add> as natural as the other?
ART. III.
Whoso willfully and maliciously committeth mischief by
plucking up removing filling up pulling down or destroying [O] any in whole or in
punished unfinished in any of the works following lawfully erected or begun part. erected viz: [1] any Turnpike Weighing Engine; or [2] any Turnpike - Toll Gate
Ditch or other fence set up made to prevent persons from passing without
paying Toll; or [3] any Turnpike Toll- House adjoining to such Tollgate
or Weighing Engine, and used or built or begun to be built
for the residence of a Tollgatherer shall be deemed guilty of Felony & suffer Death as
a felon without benefit of Clergy.
ART. IIII
Whoso forcibly rescueth an offender in lawful custody for any offence
specified in the preceding Article shall also be deemed guilty of Felony & suffer Death in like
manner as a Felon without benefit of Clergy.
Observations. SECT. XXXII.
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sect. xii persons at large |
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jeremy bentham |
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