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1827 Jany 29
Penal Code(5)
Ch. XII. Remedies
§. Commination and Subtutelation
A person who has no ready money, nor
any means of obtaining any time enough, if
at all, may yet have property or rights in some
other shape capable of being taken for the matter
of the eventual forfeiture.
The inadequateness of the provision
made by Judge-made law in this case, has for
its obvious causes the narrow mindedness
of the Legislator – his inability to extend his survey
to conditions in life in a sufficient degree
other than and beneath his own. To him
ready money in large quantity, or the means of
speedily obtaining it, are never wanting: the
condition of those who have none of it, is never
in any tolerably adequate degree present to his
mind.
☞ Go next to the difference that may have
place between the pecuniary circumstances of
the delinquent and his bondsmen.
Memorandum for another Topic.
In the case of a new offence, the Legislator,
by a retroactive law, may take from
the offender the profit by the offence, and administer
satisfaction to the wrongee, as likewise
apply the commination and subtutelation remedies,
but without ulterior punishment under the
name of punishment.
Identifier: | JB/068/294/001 "JB/" can not be assigned to a declared number type with value 68.
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