JB/068/330/001

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1825. Augt 26.
Penal Code
3.
II
Ch. Remedies
§. II Punishment Limit
in the side of deficiency How to extract the profit
of the offence §. How to extract from an offender the profit
of his offence. 7
In order to extract
from an offender the
profit of his offence,
Pursuer as well as Judge,
as per Procedure Code,
will apply to the offender
ay any time all such
questions as promise to
elicit that profit.

Fully adequate to this purpose will be the
course prescribed for all cases in the Procedure
Code. Pursuer as well as Judge applies to the offender
at any time all such questions as promise
to contribute to bring the profit to light. In some
cases, not only the existence of it but the shape and
quantum of it will be to the last degree assured
and obvious: in other cases, it may in quality
as well as quantity be to any degree indeterminate
and uncertain and remote. But, except
in respect of any delay, vexation and expence
which the Inquiry may be productive of by no
such indeterminateness, uncertainty or remoteness,
should the investigation — the evisceration
it may be called in some cases be declined:
nor will it be declined except by those whose wish
it is that the sort of offence in question should,
instead of being prevented, be committed and multiplied
in future. The mode of eliciting the truth
is has not in this case any thing in it that is different
from what it is in other cases.

8
In English practice no
such process has place
excepting in Courts of
Equity where in 99 cases
out of 100 the evil of the delay vexation
and expence swallows up
all profit from the
remedy

If no such process does the English Procedure
Code admit, unless it be in place to an inconsiderable
extent, of which those Judicatories called
Courts of Equity, have cognizance, in which in
99 out of 100 of the individual cases that occurr,
probably even a much larger proportion, the
evil of the delay, vexation and expence swallows
up and takes place of all profit from the remedy.

Identifier: | JB/068/330/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-08-26	Marginal Summary Numbering	7-8
Box	068	Main Headings	procedure code
Folio number	330	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22525
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