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[ 3 ] [ 47 ] Page 30 §. 11 [ ] [ With or without Distress and Sale ]
The instances precedents of powers given to Justices, to levy
money for money upon public accountants or for other civil purposes, are sufficiently
numerous and extensive — Poor Rates, Tithes, &c &c. In some
instances the Acts have proceeded by requiring the
accountant to account before a Justice under penalty,
the payment of which penalty is to must <add>if enforced at all be enforced
as the debt is here proposed to be enforced by imprisonment or distress and sale. But if
these means are to be employd, the most simple
the mildest and at the same time the most efficient course,
is surely to employ them at once for the ascertainment in the first instance, for the levying of the
of levying the de money in arrear sum owed, debt instead of as well as ascertaining
debt as well as ascertaining the amount of it, instead of
employing them for levying a penalty in over
addition to the smount and above the debt, leaving the arrear debt itself to
be ascertained and recovered by a Chancery suit, or by
suit in Chancery or Action the Exchequer.
Summary procedure whatever appearance of
severity it may wear upon the face of it, is
milder in effect milder beyond comparison than
the regular of which it takes the place: the object
to which it is directed is commonly the
benefit of the public service: but mercy to
the individual against whom it appears to
be pointed is in every case without any exception
the result: the effect of it being to
save him from a pecuniary burthen (viz: the
costs of suit in regular procedure) a burthen of such magnitude that a small
fraction of which it, if imposed under the name
of a fine, would appear be regarded as excessive.
Identifier: | JB/150/489/001"JB/" can not be assigned to a declared number type with value 150. |
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47 |
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150 |
police bill |
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489 |
police bill |
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001 |
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text sheet |
1 |
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recto |
d1 / f65 |
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jeremy bentham |
g & ep 1794 |
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fr3 |
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1794 |
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50710 |
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