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278 Jany 1803
13 Jeopardy
IV. Transgressions in breach of the several transportation
Acts, by which that punishment has been appointed for
limited lengths of time.
It would be a double charge of the same article, to
state these as so many acts articles of delinquency transgressions, distinct from those
already referred to in their characters of transgressions
against the Habeas Corpus Act.. It is by these several
Statutes that the limits of legal punishment are marked
out in the several respective instances: it is in the transgression
of these limits in each instance that convicts the violation
offered to that Sacred law.
It would at the same time moreover be a waste of paper
to give, by a string of references a specific loss of
the several particular laws thus transgressed. It would
be making trans without any particular aim, which passages from
the existing indexes and abridgements.
Note
Among these particular Statutes there are some however
that may be more particularly referred to as serving
to place the of the illegal system in a more
striking point of view. It is too manifest to need proof
is indeed to be perceptible of it, that when a law attaches
upon a species of delinquency and annexing to it
a new species of punishment, app marks out the
in express terms the quantity of that new punishment, any
quantity superadded to that legally appointed quantity is
as plainly illegal as if no such species of punishment had ever been
appointed. But among a number of instances of repugnancy
all equally incontestable one may be more stiking
than another, in respect of the terms that happen to have
been employed. In general in marking out the quantum duration
of this a lot of punishment of this species in question
course taken by the legislator has been not merely to limit the
quantity
Identifier: | JB/116/359/001 "JB/" can not be assigned to a declared number type with value 116.
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jeremy bentham |
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