JB/549/138/001

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1827. May 11
Constitutional Code

Instructional
Art 9. By whomsoever this indirectly exercisable power of
remission is exercisable, by him is thereby exercisable the
power of deriving profit in any shape from the exercise
of it, thereby selling correspondent impunity, and in perfect
security without danger to himself, the faculty of being all
acting with certainty of success as an accomplice in all crimes the punishment of which is thus
capable of being remitted.

Instructional
Art. 10. In respect of amplitude of effect mischievous effect
indirectly exercisable power of remission goes far beyond the
correspondent directly exercised power. For of the directly
exercised power the exercise is in every instance visible:
and the individual by whom exercise is made of it, accordingly
responsible: whereas of the indirectly exercisable power
the exercise is invisible, and the individual by
whom it is exercise is made of it accordingly irresponsible
in other words in the case of the direct mode the power is not compleatly
arbitrary, nor in any degree so if judicially no otherwise than judicially
exercised as above, whereas on the other hand when exercised in the indirect
mode the exercise of it is in every case compleatly arbitrary.

Instructional.
Art. 11. In Rome bred law in the case of a certain class of
wrongs to wit those which may be the exclusion power if, indirect
pursued in any prosecution is to a considerable extent given
to a public functionary, to the exclusion of the individual wronged by
whom the wrong has been sustained.

Art. 12. These cases are those in which from the actual
suffering pain evil actually suffered by an individual, alarm
or danger or both on the part of individuals is has been regarded
as having place to such an extent as to require on that
account encrease addition to be made to a correspondent extent to the quantum
of the punishment.

Identifier: | JB/549/138/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1827-05-11	Marginal Summary Numbering	9-12
Box	549	Main Headings
Folio number	138	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
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