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<head>Note.</head><!-- left of centre --> | <head>Note.</head><!-- left of centre --> | ||
<p>the same as that for a common fraud to the same amount, is on | <p>the same as that for a common fraud to the same amount, is on | ||
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that account either too much or else too little : if he incurred it , | that account either too much or else too little: if he incurred it, | ||
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being in confederacy with the Coiners it is then too little : the proper | being in confederacy with the Coiners it is then too little: the proper | ||
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punishment for him is that which is applied to Coiners. | punishment for him is that which is applied to Coiners. | ||
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of guilt on the one hand, and the mischievous effects of impunity | of guilt on the one hand, and the mischievous effects of impunity | ||
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on the other . There is a particular name for punishment when | on the other. There is a particular name for punishment when | ||
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inflicted in such cases. By the french Lawyers it is stiled punishment | inflicted in such cases. By the french Lawyers it is stiled punishment | ||
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<foreign><hi rend='underline'>pro modo probationum</foreign><hi rend='superscript'>+</hi></hi> <note><hi rend='superscript'>+</hi> See Comment. <!-- foreign checked: http://www.google.co.uk/search?q=sur+l%27Ordonri+criminelle+par+M.+Jousse&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a#hl=en&client=firefox-a&hs=3yJ&rls=org.mozilla:en-GB:official&sa=X&ei=tsoNTvb_G9GEhQf-rPzMDQ&ved=0CFcQvgUoAA&q=sur+l%27Ordonri+criminelle+par+M.+Jousse&nfpr=1&bav=on.2,or.r_gc.r_pw.&fp=b5887d1bb842a248&biw=1229&bih=537 --><foreign>sur <sic>l'Ordonri</sic> criminelle par M. Jousse</foreign>.</note> ; punishment according to the measure | <foreign><hi rend='underline'>pro modo probationum</foreign><hi rend='superscript'>+</hi></hi> <note><hi rend='superscript'>+</hi> See Comment. <!-- foreign checked: http://www.google.co.uk/search?q=sur+l%27Ordonri+criminelle+par+M.+Jousse&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a#hl=en&client=firefox-a&hs=3yJ&rls=org.mozilla:en-GB:official&sa=X&ei=tsoNTvb_G9GEhQf-rPzMDQ&ved=0CFcQvgUoAA&q=sur+l%27Ordonri+criminelle+par+M.+Jousse&nfpr=1&bav=on.2,or.r_gc.r_pw.&fp=b5887d1bb842a248&biw=1229&bih=537 --><foreign>sur <sic>l'Ordonri</sic> criminelle par M. Jousse</foreign>.</note>; punishment according to the measure | ||
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of the proof : punishment reduced in proportion to what the | of the proof: punishment reduced in proportion to what the | ||
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proof wants of being full measure. Such cases then there are , or at | proof wants of being full measure. Such cases then there are, or at | ||
<lb/> | <lb/> | ||
lease may be : but, if there be, this I think is hardly of the number. | lease may be: but, if there be, this I think is hardly of the number. | ||
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In those cases the supposition is that the defendant is more likely | In those cases the supposition is that the defendant is more likely | ||
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to be guilty than innocent ; but here he is infinitely more likely to be | to be guilty than innocent; but here he is infinitely more likely to be | ||
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innocent than guilty. | innocent than guilty. | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
42 Pt IV.
C
Reasons Of Frauds relative to the Coin.
Code.+ + See Tit: [Composition.] 2. The
Note.
the same as that for a common fraud to the same amount, is on
that account either too much or else too little: if he incurred it,
being in confederacy with the Coiners it is then too little: the proper
punishment for him is that which is applied to Coiners.
Punishment pro modo probationum holds not here. I am aware that cases will every now and then occur in which
it is necessary for a Legislator to deviate from the strict and even
rule of punishment in order to make allowance for the uncertainty
of guilt on the one hand, and the mischievous effects of impunity
on the other. There is a particular name for punishment when
inflicted in such cases. By the french Lawyers it is stiled punishment
<hi rend='underline'>pro modo probationum+</hi> + See Comment. sur l'Ordonri criminelle par M. Jousse.; punishment according to the measure
of the proof: punishment reduced in proportion to what the
proof wants of being full measure. Such cases then there are, or at
lease may be: but, if there be, this I think is hardly of the number.
In those cases the supposition is that the defendant is more likely
to be guilty than innocent; but here he is infinitely more likely to be
innocent than guilty.
In what circumstances the Act in question might be made Penal. If, in the case described by the above statute, any Law carrying
such a punishment with it is at all to be justified, it is when the Law is
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Identifier: | JB/071/180/002"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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180 |
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 |
f41 / f42 / f43 / f44 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23583 |
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