JB/150/442/001

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Part I Observations Cd Police Bill Observations

§[7] for [Sing<add>his</add> having p.5 Another point attendant with some difficulty is Licentienda
to framing the description of the act of dealing in 7 Purchasing and that habitual not selling The is of interest to license
such a manner as to save persons from incurring
the penalties protect against the penalties persons
engaging any transaction ofin the sort of interest transaction in question
by the inducement by accident only, i:e: of some casual opportunity
by accident only i:e: and not by habit) and
yet at the same time to include all those on
whose part the habit really exists. When a man
engages in any branch of business which he
means to trust to as a suited dependence, he is naturally
led to inquire into what branches of the law
there are that are have a particular application to
that branch of business: if he does not, the fault as
well as the risk is his own, and any act of delinquency,
though the result of ignorance may not unjustly
be imputed to him as an act of culpable
negligence: but where the transaction is the result
of a casual opportunity or two, the under demand for
inquiry does not exist nor consequently the imputation
of negligence. A law which does act makes provision
for this distinction is not exempt fromsubjects itself to the
imputation of operating as a snare.

The words "sinking his living" are sufficiently expressive characterisation
of a habit: but the question recurrs
under these words the question still recurrs, what single act or
number of acts shall be deemed looked upon as constituting this sufficient evidence of such habit?of such habit?
In the open shop, kept of manifestly for the purpose
(signs of which can never be wanting in a shop)
a single act of purchase or sale (as the case may
be) would be looked upon as constituting this sufficient evidence of this habit. Accordingly
these words were at one time insisted: but they were
struck out under the apprehension that in that case a man case
who was himself not privy to any particular instance of distinct practice, might
be applied by a dishonest middle-manor factor who might contrive[+] [+] to procure the article from thieves or their receivers without keeping any open shop or generally known warehouse. These seems therefore no rememdy, but that the determination what shall be regarded as sufficient evidence of the habit must rest in each instancewhere there is no open shop, upon the particular circumstance of the case. In general, a single act may be deemed sufficient evidence prima facie: so as to throw it upon the defendant The obligation of showing to show if he can, that the act was casual only, and not habitual, on his part.

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Identifier: | JB/150/442/001"JB/" can not be assigned to a declared number type with value 150.
Date_1		Marginal Summary Numbering	7
Box	150	Main Headings	police bill
Folio number	442	Info in main headings field	part i observations police bill
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f14
Penner	jeremy bentham	Watermarks	g & ep 1794
Marginals	jeremy bentham	Paper Producer	fr3
Corrections		Paper Produced in Year	1794
Notes public		ID Number	50663
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