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+ 5 Inserenda
Observations
V. Penalties 13
no. 1 §. 33
8h
Power of Search
on Suspicion
Caution to be observed
in the
wording of it.
§ 33 [1] Upon point made upon oath that [82] Page 65.| Proof of such reasonable cause ... to
of there being reasonable cause for suspecting] the satisfaction of any Justice..] to be
Otherwise thus — "Upon [+][+] or Upon the appearance of reasonable cause/proved
Otherwise thus - Upon reasonable cause [proved upon
upon oath/for respecting In several Acts ( 22.G.3. Otherwise thus — Upon reasonable cause [proved upon
Oath for respecting — In several acts (the 22 G.3
c.38.§.2. for one) in which a clause to this purport
occurs, the phrase is turned in this the following manner,
viz: Any ..Justice .. " on
oath <hi rend="underline">complaint made before him made <hi rend="underline">upon oath that
there is reasonable cause. The difference is a very
material one; in the wording form of words here employed, the judgment, as
whether there be such reasonable cause or not is committed,
as it ought to be, to the Magistrate: in the other form
it is (through inadvertence doubtless) left to the witness; since
an general averment on his part in general terms , in that
there is such reasonable cause, is if made before proper authority, and upon oath, sufficient to satisfy the Act.
make a bad choice an improper nomination than the public body, the
Board: but what has happened to have made such a a bad
(generally speaking) difficult for him generally speaking [+] 2 If Board is a
f.33
85
Transfer No.3
85
Power of seizure
to comprehend goods
on the move to
or from the Spot
In the Copy of Transfer the four following articles according to the order
indicated by the figures in red ink
§ 33 [ [3] [85] Page 65. In the act of being removed ] p.4. I do not recollect any particular
precedent exactly in print for this addition; but the propriety
of it seems evident enough will hardly be objected to The principle is sanctioned
by the Statute of 11.G.2.c.19, which gives the
power of following goods carried off to be prevent their
being distrained. An The relation of place such as that of
nearness to the spot did not seem to present promise any additional
source of clearness or precision: to be drawn a line any
where by means of any such topic would have been
impossible. In some instances a parcel of goods might be close
to the spot in question, and yet it might be matter of doubt
whether they were in the act of being removed thither or from thence:
in these instances they might be several miles off, and yet their destination might notwithstanding be beyond doubt.
displeasing requires a service for the
ill will does attend the exercise of it.
. A Board is a service: and a service
by which good and ill of are
equally
[+] Good management
consists in withdrawing
this service where
the presence of it would promised
to be prejudicial,
it where it would
promises to be beneficial
to the public service
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jeremy bentham |
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