JB/068/293/001

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1827 Jany 29
Penal Code(4)
Ch. XII. Remedies
§. Commination and Subtutelation

Under English law; these remedial securities
are never employed but in conjunctions.
There is no reason why they should be always
conjoined and there is much reason why they
should be separated: to wit, commination, without
subtutelation.

An actual concomitant, though not
a necessary consequence of this conjunction, is
that the penal sum rendered exigible at
the charge of the delinquent, bears commonly
if not always a certain proportion to that exigible
at the charge of the thus constituted guardians.

1. The two remedies ought not to be always
conjoined: one reason is that the cases are
numerous, in which it may be altogether out of
a delinquent's power to find so much as a single
person, able and willing to take upon himself
such a charge: whereas there is no person to
whom it may not happen to take effectual
warning from a commination of which he
alone is the objection.

2. In English practice, eventual punishment
thus denounced, is never other than pecuniary.
But some there are, to whom it is altogether impossible
to find the matter of any such punishment.
In this condition, or that which is next to it, will in
every state of society and every country be a great
majority of the whole population; and the more
unable a man is to furnish the matter for punishment
in this shape, the more unsuitable
it is to his case, and the more necessary it is
to look out for and employ eventual punishment
in some other shape.
A

Identifier: | JB/068/293/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-01-29	Marginal Summary Numbering	4-6
Box	068	Main Headings	penal code
Folio number	293	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22488
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