JB/150/552/001

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+ Inserenda 128
Observations

V. Penalties
§.38
91
Penalty

There are will be many cases in which it is not necessary,
power, sought on the part of the Magistrate, simple
power without obligation, is preferable to power clogged with obligation.
Perhaps the notion apprehension was, , if the Magistrate
were left free, the offender he might be apt to let the
offender, through careless carelessness or false tenderness on the part
of the Magistrate, should slip through his fingers. But
(besides the danger of this hypothetical mischief
does not seem so great as to warrant the introduction
of the other which is an unavoidable one) on
looking further into the Act, it will be found that
this same course of unmittigiable unmitigable
severity applies to other cases in which there is no
such demand for it: applying to classes of eventual delinquents
where who are scarce can scarce fail either
of having possessing distrainable property, or of being personally
forthcoming: viz: (under §.15 ) Parish Constables.
This particular case might (it is true) have been provided for
by a clause on purpose: but such a clause,
for the sake of obviating a a mischief
comparatively improbable and therefore slight, mischief, would have introduced
a deal of complication such a degree of complication
as might be deemed a greater mischief.
[+] [+] in a Statute, embracing as most statutes necessarily do, a variety of offences and a variety of classes of persons, there There would be no end of framing separate
courses of procedure, inflexible in each instance,
under the notion of fitting making it fit them fit to each man's case:
But what is impossible for the Legislator to do , will be may be
made easy for the Judge to do, if the Legislator will but give
him leave. Given the advantage of working by
powers rather than by obligations: a principle
the ability of which is held up to view on more
occasions than one in the course of the present pages

Identifier: | JB/150/552/001"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	552	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f128
Penner	jeremy bentham	Watermarks	g & ep 1794
Marginals	jeremy bentham	Paper Producer	fr3
Corrections		Paper Produced in Year	1794
Notes public		ID Number	50773
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