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+ Inserenda 127
Observations
§.38
91
Penalty issued
The mode of procedure course chalked out by that
Act may be regarded as constituting no inconsiderable
improvement in the plan system of summary procedure:
and the precedent it affords, being so closely in
point to the cases to be provided for in the present
Bill, eases the draughtsman of no small share of
the responsibility burthen of under which he would otherwise
have had to labour. [+] [+] and the considerations above exhibited may serve in good measure to shew the grounds of which that Act, proceeds in point of reason as well as the present Bill In most the general run of penal Statutes
if not in all without any exception that at this
moment I am aware of, the provision made
for the enforcement of the law falls short of the
mark: in this alone the provision not it reaches it comes up to the marks.
from this so fully does it come up to the mark, that
times it go towards the mark, imposing obligation
instead of giving power<add> and that so fully
as to and
was necessary
The fault, if it
has any, consists
in its over going
beyond the mark:
imposing obligation
where power would
have been sufficient. obliging the Magistrate
to employ imprisonment and distress and sale together,
even in cases in all cases instances without distinction, those consequentially
included, in which one of the two compulsive processes would
be adequate to the purpose. The offenders persons to be
dealt with in the capacity of offenders are in
that case (it may be said) so particularly circumstanced,
that measures of less urgency - [(power
of employing both instruments) will not altogether ]
would hardly have sufficed . A Hawker being It being the
characteristic of a Hawker to be always upon the
move, he would be off, a or his goods would be off.
or both together would be off together , if provision
for laying hold of both together in the first instance
were not made. The remark is so far just
that in many cases perhaps in most it will probably happen that the union
of both measures will be necessary: but so long as
there
Identifier: | JB/150/551/001"JB/" can not be assigned to a declared number type with value 150. |
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