★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
PUNISHMENT in general
1.
To be responsible criminally,
what.
2.
Refunding not a Punishment.
3.
But compensation may be.
4.
Caution against Collusion.
5.
A profit reaped by a person dear
may be placed to the account of
that the offender.
6.
Retaliation Restitution shall be made by
persons profiting knowingly by
an offence. v. Compensation
7.
Where the Legislator punishes
not neither can the ordinary Judge;
8.
Nor the extraordinary but
when the Offence is against Conscience. act was eone mala
fide - in fraudem logis
v. Intepretation
9.
Fine and Cautionation Binding over come
in default of other Punishment.
10.
Also, where not excluded, in
addition.
11.
Penal clauses to be construed
mercifully.
12.
In point of quantity the
Judge may sometimes mitigate,
never enhance the
appointed Punishment.
13.
– Nor change in point of
quality.
14.
Punishment defends not.
15.
But the obligation of refunding
does. v. Compensation.
---page break---
16. Quantity
In settling the quantum of
punishment slight proof may
be received to enhance the
quantum of the damage.
v. Evidence.
17.
Punishments excuse not one
another.
18. Exempt
Exception – Ignominious Punishments
in case of repetition.
19.
Acute punishment, what.
20.
Chronical punishment, what.
21.
General limits of chronical
punishment.
22.
Inter Convertible Punishments may
be mixed.
23.
Gentlemen to be confinable to
hard labour in certain cases
only.
24. Pecun.
General limits of Pecuniary
Punishment.
25.
Punishment postponed to
Compensation.
26.
In aid of pecuniary punishment
come's Imprisonment.
27.
Cases in which find may be
converted into imprisonment.
28.
Offender never to profit by his
offence.
29.
Example.
30.
A fine proportioned to a man's
income how to be reduced to a
---page break---
30.
a sum certain.
v. Procedure
31
The assets of the party dam
injured to be reckoned into
the punishment.
32.
But not those of the offender
himself, not without
limitation.
33.
The time of imprisonment
for safe custody to be reckoned
into the punishment.
33
Where the a man has been
punished wrongfully either
in whole or in part, let him
receive satisfaction compensation from
the fise, if the prosecutor
were be blameless or unable
---page break---
Punishment
Corporal &c
Loss of property
Impairment of
condition
Punishment – in kinds.
19, 20,
What suffering be reckoned
into punishment
What profit to be reckoned
into the profit of the offence
Identifier: | JB/143/037/002 "JB/" can not be assigned to a declared number type with value 143.
|
|||
---|---|---|---|
1-33, 1-6 |
|||
143 |
punishment |
||
037 |
punishment in general |
||
002 |
|||
marginal summary sheet |
2 |
||
recto |
|||
[[watermarks::[jib] [britannia with shield motif]]] |
|||
48670 |
|||