JB/068/370/002

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1827 June 7
Penal CodeII Remedies collectively
Ch. Punishment pecuniary

Art. English practice. It would be speaking within
compass to say that out of a hundred individual instances
in which punishing for the purpose of punishment pecuniary punishment is inflicted
in not more than one can be found in which adequate or no
conclusive reason could be assigned for adding to or substracting
from the amount of it.

True it is that in the nature of the case, supposing
it determined that what in the species genus of case the amount of it
as determined by general rules ought to be, small in the relative proportionable
in proportion is the number of the instances in which
by the application of those rules it will be possible to make the
quantum fixt upon in that individual case coincide exactly
with the amount so fixt upon for the purpose of the general case.

Still however the sum fixt upon on each individual it might be brought to such a degree of
approximation with the sum fixt for the genus of the case, that the
aberration shall not swell the one to a multiple, nor reduce
it to a part in the mathematical arithmetical sense of the word part
of the other.

But as much as from 5 to 50 times as much as it ought
to be or not more that 1/5th to 1/50th part of what it ought
to be are degrees of aberration which it is believed would be found frequently
exemplified in English practice.

Aberration may be in two opposite ways or line sides
1. In the way On the side of deficiency: to wit by rendering it the sum less than, not
so great as, it ought to be.
2. On the side of excess: to wit by rendering the sum smaller greater
than, not so small as it ought to be.

Where Note that wheresoever, a species of offence having
been described, a fixt sum is stated as the sum which
the name and not any sum greater or less instead of it shall be the sum
taken in the name of punishment
from every person
by whom any individual
offence of that same species
has been committed,
aberration on both sides
of the proper mark is the necessary consequence.

Identifier: | JB/068/370/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-07	Marginal Summary Numbering	3-6
Box	068	Main Headings	penal code
Folio number	370	Info in main headings field	penal code
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / c1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22565
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