JB/016/111/001

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1827. Octr. 3
Penal Constitutional Code or Duelling extinguishable

III
Ch. Remedies
§. Perpetual
Banishment
Presence Banishment

15
Banishment at
large — a punishment
unequal in the extreme

Banishment at large — Banishment as attached
in the Substantive Code to a genus of offences, is unequal in an the
extreme, and thence as such improper in the extreme. Destroy
a mans prospects the tardy of a long life, the
damage produced by it may be r amount to more
than what would be produced by total confiscation. It is
at its maximum in the case where, as in that of an
emigrant from England to the British India, the pecuniary
loss produced by the pecuniary ruin is covered topped by
the expense of the voyage from the sum of profitable industry
on which an ample stock of connection has been formed
to a country in which though born in it, he has none. +
+ was an
instrument of compleat
despotism

16
Presence banishment
in this respect quite
the reverse

Presence banishment presents a totally an altogether different scene spectacle
No species as exhibited expressed by denomination In no instance
perhaps does one and the same denomination present to
so long a scale of such a multitude of degrees as the
scale of In the case of this
punishment or rather of this mode of administering satisfaction
in the case of this as in the case of pecu satisfaction and
punishment in a pecuniary shape, it is capable of being and
with the utmost nicety adjusted to the pecuniary circumstances
of each individual

For this quality it is true it depends upon the
establishment of the natural in contradistinction to the technical system
of Procedure. Within the first and fullest examination of both parties in the
presence of each other and the Judge, none of this individually
applying circumstance can be elicited in which the
possibility of adapting it in quantity and quality and quantity
to the individual case can be brought under the consideration of the Judge.

Identifier: | JB/016/111/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1827-10-03	Marginal Summary Numbering	15-16
Box	016	Main Headings	penal code
Folio number	111	Info in main headings field	penal code or duelling extinguishable
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5918
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