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<p>-sions may have been that have <sic>happen'd</sic> for the | <p>-sions may have been that have <sic>happen'd</sic> for the | ||
<lb/> | <lb/> | ||
discharge of the duties of the trust , and however | discharge of the duties of the trust, and however | ||
<lb/> | <lb/> | ||
various the mischiefs may have been that have | various the mischiefs may have been that have | ||
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ensued from the non-discharge of these duties | ensued from the non-discharge of these duties | ||
<lb/> | <lb/> | ||
on those several occasions . This is no longer the | on those several occasions. This is no longer the | ||
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case where a man has once signified his | case where a man has once signified his | ||
<lb/> | <lb/> | ||
acceptance : every instance of neglect which occurs | acceptance: every instance of neglect which occurs | ||
<lb/> | <lb/> | ||
upon every distinguishable occasion is commonly | upon every distinguishable occasion is commonly | ||
<lb/> | <lb/> | ||
enough made <add><sic>consider'd</sic> as a separate offence , and</add> the ground of a distinct and separate | enough made <add><sic>consider'd</sic> as a separate offence, and</add> the ground of a distinct and separate | ||
<lb/> | <lb/> | ||
accusation . | accusation. | ||
<lb/></p> | <lb/></p> | ||
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acceptance can act but very imperfectly in the | acceptance can act but very imperfectly in the | ||
<lb/> | <lb/> | ||
character of a punishment . As the duration <add>Since from the very nature of it</add> and | character of a punishment. As the duration <add>Since from the very nature of it</add> and | ||
<lb/> | <lb/> | ||
consequently the magnitude of it depends <del>altogether</del> | consequently the magnitude of it depends <del>altogether</del> | ||
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upon the choice of the offender <add>himself</add> it will commonly | upon the choice of the offender <add>himself</add> it will commonly | ||
<lb/> | <lb/> | ||
amount to nothing : at any rate it applies | amount to nothing: at any rate it applies | ||
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not to any of those mischiefs which may have | not to any of those mischiefs which may have | ||
<lb/> | <lb/> | ||
<sic>happen'd</sic> in consequence of omissions | <sic>happen'd</sic> in consequence of omissions previous to | ||
<lb/> | <lb/> | ||
acceptance : so that as to so much the offender | acceptance : so that as to so much the offender | ||
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14
C
Refusal of Trusts
-sions may have been that have happen'd for the
discharge of the duties of the trust, and however
various the mischiefs may have been that have
ensued from the non-discharge of these duties
on those several occasions. This is no longer the
case where a man has once signified his
acceptance: every instance of neglect which occurs
upon every distinguishable occasion is commonly
enough made consider'd as a separate offence, and the ground of a distinct and separate
accusation.
Insufficiency of the compulsive punishment with regard to first omissions offences previous to acceptance . Thise distinction though conformable to thus <add>apt to be observed in</add>
practise is not conformable to utility. The compulsive
process operates applied to compel an
acceptance can act but very imperfectly in the
character of a punishment. As the duration Since from the very nature of it and
consequently the magnitude of it depends altogether
upon the choice of the offender himself it will commonly
amount to nothing: at any rate it applies
not to any of those mischiefs which may have
happen'd in consequence of omissions previous to
acceptance : so that as to so much the offender
may reap with impunity the profit of his offence
These considerations it behoves the legislator to have
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Identifier: | JB/072/085/002"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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085 |
refusal of trusts |
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002 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23702 |
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