JB/010/038/002

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10

reiteration may be produced.

As to the punishments in so
far as the narrowness of the territory
will admit and the magnitude
of the mischief coupled with
the degree of malignity on which
depends the mischief of the second
order afford a warrant, presence
banishment presents itself as
applying here with eminent propriety:
always observing that presence
banishment though in name and in
generically speaking but one thing will
always require to be adapted by the
sentence so individual circumstances
for which purpose the
personal examination of both
parties or at any rate of the convict
defendant will commonly
be necessary.

In applying the principle

of utility to the field of penal law
I had two opposite tasks to perform,
one was, clearing it of species of

action which do appeared not belong to

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it i-e not to present a demand
for sufferance in any shape or degree
in the name of punishments satisfaction,
or costs of suit; the other ye
inserting in it species of action
which did appear to belong to it
viz — on one or other or all of those
accounts, but, as far as it had fallen
in my way to observe had never in
any existing Code has yet been inserted
into it. In punishment & as above
I believe I should have added
in certain cases finding security
to abstain from the commission
of such or such an offence of
which whether from mischievous
intention, carelessness, or rashness
sufficient cause has been
found for endeavouring to prevent
at the expense of the quantity
of vexation inevitably produced
by such proceedure.

For their only guide the
good folks whom you have to
deal with seem, as as might

Identifier: | JB/010/038/002 "JB/" can not be assigned to a declared number type with value 10.
Date_1		Marginal Summary Numbering
Box	010	Main Headings
Folio number	038	Info in main headings field
Image	002	Titles
Category	correspondence	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner	john herbert koe	Watermarks	<…>co
Marginals		Paper Producer	a. levy
Corrections	jeremy bentham	Paper Produced in Year
Notes public	draft of letter 2425, vol. 9	ID Number	3474
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