JB/150/554/001

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+ Inserenda 130
Observations

V. Penalties &c
§.38
91 continued

Specifying as is done in the text on more
occasions than one, the object which a Magistrate
shall have in view in the exercise of the powers
intrusted to him, is a practice which
op not only serves as a guide, but operates
powerfully as a check : and thus enables the
legislation for the benefit of the public or the
individual to give powers of such magnitude
as it might otherwise be scarcely safe to give.
In case of abuse of the power, it answers the
purpose not only of printing the censure of the
public at large upon the offender, but even of
widening and clearing the ground on which legal
concern may attach: for the more clearly the
object above spoken of is defined, the more easy
is it for the Court of King's Bench (which in
granting or refusing on information governs itself
principally if not exclusively by the consideration
of motives and intentions) to judge pronounce whether
in doing as he did the Magistrate complained for of had or had
not really in view the object prescribed to him
by the Act. Thus of supposing information to be lodg had
against a Goldsmith of known opulence and respectability
for purchasing without a licence; and through
malice suppose a warrant granted; and the Goldsmith brought
under custody to answer for an offence against an Act a Law
not extending (as he thought) to his case: is, suppose him
again committed the instant after conviction, and at the same
time a warrant of Distress and Sale issued and
acted upon before he had had time to get a draught paid
by his Banker for the money. Without the words of direction
such as those given in the Bill, it might be such labour the proceeding might be imputed to excused
on the ground of excess of zeal, or want of understanding: but
under [+]
[+] under those words,
the matter would
stand self-betrayed;
the proceeding being
so considerably palpably unnecessary
to the only
purpose assigned
as constituting a
sufficient ground
for it.

Identifier: | JB/150/554/001"JB/" can not be assigned to a declared number type with value 150.
Date_1		Marginal Summary Numbering	91 continued
Box	150	Main Headings	police bill
Folio number	554	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f130
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	50775
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