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+ Cd 132
Police Revenue Bill Observations
IV Penalties &c
§ 39
93
Share in forfeiture
not to render testimony evidence
incompetent
Reason
and precedents
§.7 [2] [ always] p. §.39. [1] [92] Page 77. [ no person ...incompetent ...by being having
[...share....in any such forfeiture.] It is much to be wished,
this proviso may be suffered to stand, though
the reason of it is such as does not apply to
this more than to other branches cases of procedure
under Justice Law. It is a deplorable
thing that the Common Law' that is the Judges
should in former times have set up this rule in contradiction
to the declared will of Parliament as well
as the necessity of the case. In Parliament [+]
[+] seeing that evidence is not to be obtained, nor consequently the law executed without reward, offers
a reward for a man's evidence: and the seeing this Judges
have taken upon them to in former days took upon them to say — and therefore Judges at present do no otherwise than say — that if he is to
The logic is this — if a man will tell truth to make five [+]2
receive the reward his evidence shall not be heard.
The logic is this — if, to earn in order to earn five [+]2 [+]2 pound a man
will speak the truth,
to earn the same money,
he will commit perjury.
himself It were much
better logic to me if
to gain five pound a
man will sell a horse
of his own, to gain the
same money he will
steal one. Horse stealing
a man will. Perjury
has this to distinguish
it from other crimes,
that if committed at all
it must be committed
in the face of a Judge, who
is upon the watch to detect
it. Perjury on either side
in civil cases, perjury on
the defendants side in penal
cases, are yet unhappily
but too common. Perjury
against the defendant
in penal cases is perhaps
of all crimes the most rare.
It is that at which nature
revolts with greatest abhorrence, and which Art shrinks from as most difficult. the Thief takers, More-Daniel
and Egan, who were hanged for taking away the life of Coleman, for the sake of the reward, preferred
as the surest, safest and least irksome course, the engaging him in the commission of a robbery, to
the swearing upon him a robbery he had not committed.
The inconsist conduct of the judicial authority
on this subject is as inconsistent with itself, as
with public utility and common sense: for, while they
shut the door in this way against a witness without
reproach, they have it open to a malefactor, who
while they by the in and by the very evidence upon they by which he
intitles themselves himself to the reward, acknowledges themselves himself
to have been a felon. If then professional prejudice
will not endure this clause, the shift which is practiced
in other similar cases, must continue to be practiced
in this: — the real informer [+]3 [+]3 the only person is whose way it has fallen to know what passed must provide a man
of straw to take upon himself that name.
Precedents —
By the General Highway Act (13.G.3.c.78
§.69) the "Surveyor ... shall be deemed, in all
"cases a compete competent witness, ... notwithstanding
" his Salary may arise in part from the
" forfeiture and penalties." Precedents of competency restored
to Parishioners in particular cases where a share of the penalty, as usual, has
been given to the poor of the Parish, that is to the rich and others
who stand charged with the maintenance of the Poor are too numerous
to need or to bear quotation. A mans share in the such penalty
may it is true not amount to the tenth part of a farthing; but it may amount
to the whole, the Parish of Ewhurst in Hampshire is or was in the occupation of one hand.
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Identifier: | JB/150/556/001"JB/" can not be assigned to a declared number type with value 150. |
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93 |
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150 |
police bill |
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556 |
police revenue bill |
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001 |
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text sheet |
1 |
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recto |
d6 / f132 |
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|
jeremy bentham |
j whatman |
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admiral pavel chichagov |
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50777 |
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