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1826. April.
Penal Code.
B.1. General Titles
Ch. XIII. means of Repression Remedies
§§. compensation
4
If the amount of
property required to be
forfeited be too great to
be given to wrongee let
the difference go to
the public purse.
In a case sufficiently mischievous,
to present a demand for general forfeiture,
if the property of the delinquent or delinquents,
be too great to be divided given to in
the whole, to the party wronged, or in the
case of his decease, to his representatives,
or to be divided between them and the
representatives, if any, of the delinquent,
the difference may go to the publick
purse. This may sometimes be the
case, where the principal wrongdoer is
in a state of opulence, especially if
there are principals more than one,
or accomplices more than one, and all
or some of them in a state of opulence,
the mischief in this case to be avoided, is
a design on the part of the representatives
of the wrongdoer, to engage him in the commission
of the offence, that in case of his
decease, they may reap the profit of it.
The case of those malefactions, whose practice
it was, to engage men in the commission
of an offence, that they might turn the bounty,
offered for information of it, is a notorious one — though in that case,
the amount of the profit was remitted, and in the present case it would be un
unlimited
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