JB/547/429/001

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27 Decr. 1810
Prize 1805 1809 §. 112, 109, 111

Reference to Introd about fixt penalties

If in the case of fraud discovered in the an account the
result be is the recovery of the amount of the intended meditated
intended sinister profit if made received, or the prevention of it if
not received, in that either case, the fixt penalty of £500
can scarcely fail of being adequate, and even in
some circumstances more than adequate. But On the
other hand – if so it be that in any case after proof
made of the fraud offence, and that proof sufficient to ground secure an
actual recovery of the penalty, the profit of the fraud
has been received and having been received remains
unrecoverable, whether the provision operates as a penalty
or as a licence, will depend upon the amount quantum
of the sinister profit retained. Profit by the fraud
say £1,000: deduct penalty £500: remains after
payment of the penalty, neat profit £500; the other one
£500 being so much money paid to him by to whose
use the penalty is received – paid to him the the a licence
to give cheat the trust fund out of the other £500.

Rule. Wheresoever the profit of the offence being
variable the sole remedy is a penalty and that amount of that penalty trusted to as the sole remedy is
penalty is a fixt sum, infinity be as in every such case infinity to one but that it is in each individual
instance infinity to one is the odds that
it the penalty is either excessive or insufficient: and in every
instance in which it is insufficient it operates
as a licence.

Identifier: | JB/547/429/001 "JB/" can not be assigned to a declared number type with value 547.
Date_1	1810-12-27	Marginal Summary Numbering
Box	547	Main Headings
Folio number	429	Info in main headings field	Prize. 1805. 1809 §. 112. 109. 111
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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