JB/028/107/001

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13)

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are believe apt to think, is hardly so well settled, but that
a definition of it would be of more use to us than
this rule.† † give a definition in a note. "This", he goes on, may seem a
"contradiction to the last rule, most Statutes against
"frauds being in their consequences penal.
He might here have made a distinction among frauds.
He might have established two kinds of them: and
have shewn us which of them is more apt to be made
penal than the other. This is what I have attempted.
"But the difference", continues our Author,
"is here to be taken: where the Statute acts upon
the offender, and inflicts a penalty, as the Pillory
or a fine, it is then to be taken strictly: but when
the Statute acts upon the offence, by setting aside
the fraudulent transaction, here it is to
be construed liberally. As to this dint

To speak the truth, as to this distinction, there is
something at the bottom of it: but as to upon the face
of it is expressed in an antithesis so dark; that I much question
whether a young student was ever the better
for it. Act upon the offender? how can it, but
in virtue of his offence? Act upon the offence?
how can it, without touching the offender.

What our Author does not see, I suppose, at least
what nobody would see through his means from his shewing, is

Identifier: | JB/028/107/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	107	Info in main headings field	construction
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / b14 / f15 / b16
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9372
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