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5. Mr Clauses as abstracted by Mr Colquhoun.
Misdemeanour in any person not to stop Things
Stores when offered to Sale - and to give the person
into the custody of a Constable. Vide Marine
Police Bill Sect. 38. Annotation - Would
bear too hard in many instances; and where the
parties offering had certificates would subject them
to unnecessary Imprisonment. - Observation.
The hardship supposed depends altogether upon the
wording of the Bill: the wording of the Bill is not
consulted, and yet on the ground of the supposed hardship
the clause is rejected. On turning to the
Bill it would appear that this supposition really
has no ground. Unless the Magistrate be perfectly
satisfied that is not bound in this case to levy a penalty of
a single penny. Unless he is perfectly satisfied
of the existence of the mala fides in question he
is neither bound nor warranted so to do - Why
On what ground is it to supposed that where a
party offering had a certificate he would be subjected
to an unnecessary imprisonment or to
any imprisonment? - On the contrary suppose
the existence and production of such a certificate,
there does not run the smallest probability of any imprisonment
taking place: the effect of the certificate
would evidently be to take the transaction out of
the case in which alone detention is either
obligatory or justifiable.
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Identifier: | JB/150/318/001"JB/" can not be assigned to a declared number type with value 150. |
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150 |
police bill |
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318 |
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001 |
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text sheet |
1 |
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recto |
f4 |
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jeremy bentham |
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50539 |
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