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Police Bill
Observations §2
Power should not be
are but a few particular classes of persons and
those such in whose instance the necessity of a special
controul will be is likely to be generally recognized:
but if the regulations were of such an
extent in regard to person as to comprize persons
in general, a jealousy with regard to the submitt-
ing -ing such powers of regulation, <add>legislation that is (not to mince the matter) of legislation, though
still but subordinate
legislation,
to any authority other than that of Parliament
might be apt to arise. In the Statute of Queen
Ann which gives the idea of this provision the
power in question is in regard to its extent over
persons, carefully confined to the persons whose
conduct was the special object of regulation.
The clause in question in the Report of the Committee though it confines
itself within those limits at the commencement, out-
stretches beyond them as it goes on: and in as far
as it out-stretches them it seems rather difficult
to give to the powers in question such a shape
as would be likely to receive the approbation
of Parliament. " Annoyances and Offences against
"the cleanliness, the quiet, and the free passage of the
"Streets" are Nuisances already (it may be are) by the Common
Law (it may be observed) already deemed Nuisances, and as such corrected
and by the apprehension of such correction prevented
or removed. If an act is a nuisance, powers for
remedies for the prevention of it exist already: if it
is not a nuisance, regulations for the it ought not
to be prevented and orders By-laws made for the
prevention of it would be unwarrantable acts of power.
If the question is whether particular Acts shall be defined
and declared to be acts of annoyance in particular
Streets, this lets in ground of complaint for partiality: complaint to which
a Board could be
the more exposed
as being less elevated
than Parliament
above the influence of local interests
and other narrow
interests.
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Identifier: | JB/150/654/001"JB/" can not be assigned to a declared number type with value 150. |
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not numbered |
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150 |
police bill |
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654 |
police bill |
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001 |
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text sheet |
1 |
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recto |
d2 |
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jeremy bentham |
j whatman |
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admiral pavel chichagov |
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50875 |
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