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PUNISHMENT. MEASURE. Application
It may be proper never to give the whole of the
Forfeiture to the Informer to prevent collusion,
but a part to the King or the Poor &c
when the whole is given to the informer, a
delinquent by setting up a friend to inform
may save himself harmless
Application of the Penalty 1/2 to the K. & 1/2 to the
Justices themselves. 39 El. 20. §5.
PUNISHMENT. Pecuniary [ ] ] Application.
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PUNISHMENT Quantity — Choice where to be allowed.
It may sometimes be good Policy to admitt
of Punishments of different magnitude
at the option of the Prosecutor; that is
besides instead of a Punishment of that degree
which is strictly proper, + + conformable to the principles above established another of an
inferior degree, in order not to deter persons
whom considerations of Humanity would
create a reluctance to inflict the greater
this holds good in particular in the instances
of those crimes the mischief real, or the
odium of which is not facts of being obvious [in proportion
to it's magnitude.] The uses of this are 2 1st By making it the interest of the offender to aggrieve the sufferer as little as possible consistently with the purpose of the offence. 2. to take in the assistance of such persons whom humanity or timidity would deter from prosecuting were the highest punishment and
PUNISHMENT. Discret: [ [ ] within Limits. Penes
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