JB/150/546/001

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+ 2d 1 Inserenda 122
Observations

V. Procedure
§.38
91
Mode of proceeding
— Grounds in point
of reason and precedent,
for such particulars
as deviate
from the most usual
course.

38. [] [ ] Page 74. [And for levying any every such sum &c &c ]
Two points here required to be provided for — the punishment
itself and the means to be employed for producing submission to the
The punishment. The punishment here provided is of a mixt nature:
and such the it must be, if it is to meet every man's
case. Pecuniary punishment alone will not suffice.
It will not reach the indigent: it will not
always reach even the opulent with effect, where it
fails if out-weighing the profit of the offense: a
failure which can not be avoided where, the offense
being habitual, the profit of it is unlimited, at the same
time that the penalty can not be otherwise than limited;
as in the case of where summary procedure is
where a pecuniary penalty employ'd, in which case a pecuniary penalty beyond £ £20, or, some
such limited amount would hardly be allowed to pass. Imprisonment
alone would not perfectly answer the purpose;
in case of a venial transgression it would be too
severe a upon a man who were able and willing
to submit to summary punishment: and it would
afford no for means of remuneration — — no means of engaging contribute nothing it would leave
to the that which so
necessary to the those services, without which the best law is no better than a dead letter.

The combination of the two mode most commonly
employ'd is a combination indeed a sort of aggregate of the two, but
without mixture: accordingly it fails, in any
large proportion being adequate to answering its intended
purpose. Distress and sale, in the first instance ;
imprisonment, in default of sufficient distrainable matter, but not
otherwise. [+] [+] The imprisonment
being to suceedanium
only, not an accompaniment to the Distress
and Sale, so that they can not be
employ'd together, nor
is there so much as
an option between the
two, the combination
such as it is, fails in
a multitude of instances
of being adequate to
its intended purpose
It seems to have been either It has been determined or at least generally understood,
that a warrant of distress must first be issued,
(although it should be known that there is nothing to distrain)
and that warrant returned, althou before a warrant
of commitment can be issued. By this means,
neither punishment reaches a man who is not a
Housekeeper; nor yet a man who is a Housekeeper, unless the
inconvenie inconvenience of loss of the money
happens to be a less inconvenience than that of
removing

Identifier: | JB/150/546/001"JB/" can not be assigned to a declared number type with value 150.
Date_1		Marginal Summary Numbering	91
Box	150	Main Headings	police bill
Folio number	546	Info in main headings field	2do
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / f122
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	50767
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