JB/042/425/001

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1828 May 24
Constitutional Code

Ch. XII Judiciary
(3 §.20. Eventually emendative
function

But moreover in the case in which by the maleficent
act in question, no loss nor suffering in any shape had been
produced on the part of the individual of the maleficent act
being of a purely public nature, as for instance an
act by which a defalective from the mass of public property
had been effected still even in this case extractive should be made of the
profit of the offence. For, in the first place to the public
at large from the addition made from this source to the aggregate
of the public stock the same benefit is produced as is
produced by a benefit profit to the same amount from any other
source. by Whatsoever may be the and consequent
danger all produced by this abstraction of profit, scarcely
can any correspondent alone be said to be concomitant with
it. Where is the alarm that would be produced by the pursuance
thought it were miserably shared — shared by every man
that in the event of his succeeding in the reaping of a profit
from a maleficent act at the expence of the public though
he will not be subjected to any ulterior suffering, he will not
be left in possession of any such undue profit? In
a word that though he will not be a loser by the mischief
which he will have done yet neither will he have been a
gainer?

As to the application of the preventive act (
preventive) and appropriate remedies in this case, see §.21
Judge's sistitive or execution-staying function ☞ Addition of
the same date.

Identifier: | JB/042/425/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-05-24	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	425	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	13348
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