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<head>38 P<hi rend='superscript'>t</hi>. IV.<!-- Pt. IV. written in pencil --></head> | |||
<head>C</head><!-- left of centre --> | |||
<head><note>Reasons</note><!-- written in pencil --> Of Frauds<!-- 2 words, larger font --> relative to the Coin<!-- 1 word, larger font -->. <note>Reasons</note><!-- written in pencil --></head> | |||
<p>worth while to detract from the simplicity of the Law for the <add>sake</add> | |||
<lb/></p> | |||
<!-- horizontal line --> | |||
<head>Note.</head><!-- left of centre --> | |||
<p>either false money in payment: or at the time of such tendering have | |||
<lb/> | |||
more in his custody; he is for the First Offence to suffer a year's | |||
<lb/> | |||
Imprisonment, and, for the second Offence, Death. | |||
<lb/></p> | |||
<p><!-- indent --><note>Temerity of this presumption.</note> In no state of things could a remedy so violent and hazardous | |||
<lb/> | |||
as this be advantageous. When the Coingage is in a good state; | |||
<lb/> | |||
when there is not much bad Coin current in a country; it never | |||
<lb/> | |||
can be n<hi rend='underline'>eedfu</hi>l :<hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> See Introd: Ch. of [Cases<!-- both 'of' and 'Cases' have been amended (individual letters have overwritten previously written ones, though the initial intention is difficult to determine with any degree of accuracy) --> <del><gap/></del> <add><unclear>unmeet</unclear> for</add> Punishment] <del>is improper</del>.</note> when the Coinage is in a very bad State such a remedy | |||
<lb/> | |||
will either be inefficacious or unprofitable.<hi rend='superscript'>+</hi> Unless the Law | |||
<lb/> | |||
be strictly executed it will not put a stop to the obnoxious practice; | |||
<lb/> | |||
and if it be, the mischief of execution may be greater than | |||
<lb/> | |||
the service done by the suppression of the offence. the worse State | |||
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the Coinage is in, the more apt is the person who is to receive, | |||
<lb/> | |||
to be negligent about the money he accepts; much more the person | |||
<lb/> | |||
who is to pay, about the money which he offers. The only | |||
<lb/> | |||
ground upon which any thing can be said in favour of a provision | |||
<lb/> | |||
of such severity in such a case is this: that the putting | |||
<lb/> | |||
of bad Money under such circumstances is looked upon as conclusive evidence of complicity with the coiners: upon which ground | |||
<lb/> | |||
punishing the transaction above described is taking an evidentiary | |||
<lb/> | |||
act and turning it into a principal Offence. But in a bad state of <add>the</add> | |||
<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
38 Pt. IV.
C
Reasons Of Frauds relative to the Coin. Reasons
worth while to detract from the simplicity of the Law for the sake
Note.
either false money in payment: or at the time of such tendering have
more in his custody; he is for the First Offence to suffer a year's
Imprisonment, and, for the second Offence, Death.
Temerity of this presumption. In no state of things could a remedy so violent and hazardous
as this be advantageous. When the Coingage is in a good state;
when there is not much bad Coin current in a country; it never
can be needful :+ + See Introd: Ch. of [Cases unmeet for Punishment] is improper. when the Coinage is in a very bad State such a remedy
will either be inefficacious or unprofitable.+ Unless the Law
be strictly executed it will not put a stop to the obnoxious practice;
and if it be, the mischief of execution may be greater than
the service done by the suppression of the offence. the worse State
the Coinage is in, the more apt is the person who is to receive,
to be negligent about the money he accepts; much more the person
who is to pay, about the money which he offers. The only
ground upon which any thing can be said in favour of a provision
of such severity in such a case is this: that the putting
of bad Money under such circumstances is looked upon as conclusive evidence of complicity with the coiners: upon which ground
punishing the transaction above described is taking an evidentiary
act and turning it into a principal Offence. But in a bad state of the
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Identifier: | JB/071/169/002"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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169 |
of frauds relative to the coin |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f37 / f38 / f39 / f40 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23572 |
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