JB/150/553/001

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+ Inserenda 129
Observations

V. Procedure
§.38
91 continued
Penalty mixed

Imprisonment, it must all along be observed requires to
be employ'd, and is accordingly employ'd, for in
two very distinct capacities: — as a punishment
of itself, and as an in instrument of compulsion
applied the for the purpose of causing a man
to do or suffer something, and amongst other
things, to undergo another some other punishment, and
in particular a pecuniary one. For the first
purpose it is always fixt, if not by the legislator,
at any rate by the Judge: for the second
purpose it can not be fixed either by the one or
the other, but it ( always may be whether it always ought to be or no and )
sometimes is limited it is always capable of
being limited: limited to a term certain, but determinable
by the doing of act of making payment, or by the doing
or suffering whatever else is to be done or suffered.

In the pre case of the present Bill, the
demand for the latitude of observation here contended for is still
stronger than in that: because though among
the classes of eventual offenders embraced by the
present Bill there are some still more irresponsible
and slippery (if the term may be allowed) [+] [+] (Old Cloathsmen for instance) than
any operated by that Act: yet
there are others, and those numerous and various,
[+]2 [+]2 Goldsmiths and Coppersmiths for instance) beyond measure more responsible.

Besides the mixture of punishment, and compulsive
process thus accounted for, another novelty or two may
be observed, the power of repeating Distress and Sale, and
the power for of repeating both processes. The former meets
the case of a man's having effects in different places,
or coming into his hands at different times, as also that
where insufficient distress, eventually insufficient, has
been taken through the fair of taking an excessive one: and bears analogy
in some respects to the alias and pluries of regular
procedure [+]3 [+] 3 procedure: the other operates in favour of the defendant, and avails itself , for that purpose, if the excellent expedient of the Recognizance provided for the opposite purpose by the abovementioned Act: — it is the jus parundi grafted upon the jus cocrundi.

Identifier: | JB/150/553/001"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	553	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f129
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	50774
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