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1826. April 30.
Penal Code
Ch. II. Division of offences
§. Some public offences
country
These same observations apply moreover to offences
of a publick nature. Many are the occasions on which,
at the expence of the community, alleviation has been
applied to losses, that fall in the first instance upon
determinate individuals: as often as an arrangement
of this sort has been made, the truth
of this pathological axiom has been recognized.
In the case of an offence affecting person
and property together, it is may be scarcely worth observing,
that in many instances, while the
so much of the offence as regards person is encreased
by and in proportion to the number of
the sufferers, the suffering produced by the loss
is in a much greater proportion diminished.
Thus, suppose a diverse functionaries travelling with
a quantity of publick money in their possession,
robbed, the terror of individuals is of course
multiplied by their number: But of the suffering
produced by the loss, the quantity is diminished
by the same cause.
On a first view, the proportion in which
it may appear to be diminished will be in
the ratio of the whole number of taxable inhabitants
in the community to one.
As to the mischief evil of the second order,
whether in this case, the sufferers in respect
of the evil of the first order be one or more, will be
no other in the case of the publick than in the case of the private offence.
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