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+ 1 Inserenda 133
Observations
V. Procedure
§ 40
94
In the London District
Board to have
judicial authority
as the Excise — why —
Judging <add> To judge from It seems to be an established principle of the system of
§.40. [1] [94] Page 78 .. [... Commissioners shall .. possess
...the same power .. as ... the Commissioners of Excise ...]
discretionary
To judge from precedent it seems to be an established
principle of the system of discretionary licencing,
that on the one hand the function of granting or refusing
the licence, on the other hand, and that of
taking judicial cognizance of offences commissible
by licen grounded on the licence having respect to the licence, (including
the offence the breach of regulations made for the
direction of the conduct of the licenced licen persons having licences and
the offence of acting without licence) should be
reposed in the same hands. Thus in the great
system of licencing system of this kind which pervades the whole kingdom,
[+] the Public-House licencing system the Justices throughout the country in each Division marked
out for the purpose, ( grant the the Publik
House licencing system ) grant or refuse the licence,
and the same person Magistrates sit in judgment
on informations of offences of offences respecting licences, as
above. distinguished
In the case of the Hackney Coach-keepers of
the Metropolis and its neighbourhood, no the
power of granting the licences and that of taking
cognizance of offences respecting the licences, extend
over the same place and the same persons,
and both powers are in like manner reposed in
the same hands, viz: those of a set of Commissioners
appointed specially for that and no other purpose.
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jeremy bentham |
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