JB/068/372/002

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1827 June 7
Penal CodeII Remedies collectively
Punishment pecuniary

§. Jury its incompetence inaptitude for fixation in this case.

That unless by in consequence of some extraordinary and accidental state of
things the same property adapted to the case should be fixt
upon by a Jury according to the customary course of English
practice is physically impossible for

1. Never is it within the competence of a Jury to take for
such fixation the proper standard of reference, what that
proper standard is has been already shown: for what is requisite
is the bound ground of punishment compensation in the first place: in ways of which
admitts of compensation: subject to reduction or encrease
in consideration of what is in demand on the ground
of punishment.

2. In each individual case Whatsoever may be the time which may eventually
be necessary for ascertaining what is the proper sum on
both accounts put together, never is the time capable
of being allotted to for the operation when if performed by a Jury
without preponderant inconvenience in the shape of delay
vexation and expence sufficient for the purpose.

3. The fixation is not allotted to the a Jury in a
case in which either there is no individual specially wronged
or owing to some another aberration in the course of the law
the individual specially wronged is precluded from so
much as applying for remedy in this shape.

Identifier: | JB/068/372/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-07	Marginal Summary Numbering	9
Box	068	Main Headings	penal code
Folio number	372	Info in main headings field	penal code
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / c4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22567
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