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<p>3</p> | |||
'' | <p><head>Pecuniary Forfeitures</head></p> | ||
<p>Of these four expedients, the first and second<lb/> | |||
<del>are</del> commonly <add>go together, and are</add> put | |||
in practice <del>by other</del> indiscriminately<lb/> | |||
at one and the same operation. The<lb/> | |||
officer to whom the business is entrusted if he finds<lb/> | |||
money <add>enough</add>, takes money: if <del><gap/></del> not he <del>appl</del> <add>takes</add> other<lb/> | |||
effects to <del>fill</del> <add>make</add> up the deficiency. The first then<lb/> | |||
may <del>be regarded</del> <add>in future be consider'd</add> as included under the second.</p> | |||
<p>In England, <del>both</del> the second and the<lb/> | |||
third have both of them been in practise for time<lb/> | |||
immemorial: not indiscriminately however, but<lb/> | |||
according to the name that has been given to<lb/> | |||
the punishment by which the money has been exacted.<lb/> | |||
When <del>[it]</del> <add>this punishment</add> has been called a <hi rend="underline">Fine</hi>, the<lb/> | |||
third method has been exclusively employ'd: when<lb/> | |||
it has been called Damages, <del>the third <add>other that the &c</add></del> <add>the</add> second and<lb/> | |||
third have been employ'd together, not indeed in<lb/> | |||
their full force but under certain restrictions too<lb/> | |||
<del><gap/></del> particular to be here insisted on.</p> | |||
<p>The fourth is <add>comparatively</add> of <del>very</del> late invention. It <lb/> | |||
was first applied to Traders by <add>one of</add> the Bankrupt<lb/> | |||
Laws,<hi rend="superscript">†</hi> <note><hi rend="superscript">†</hi> c. §. a<hi rend="superscript">o</hi> 16</note>and has since been | |||
extended <add>by the <del>occasional</del> Insolvent Acts<hi rend="superscript"><del>[a]</del></hi> <note><del>[a] The first of these in point of time is a<hi rend="superscript">o</hi> 1... The first in which a clause for this purpose is inserted is .....</del></note></add> to persons<lb/> | |||
at large where the obligation they are under to<lb/> | |||
pay money bears the name of debt. Such is<lb/> | |||
the case in many instances where that obligation<lb/> | |||
is imposed in a view to punishment.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
Pecuniary Forfeitures
Of these four expedients, the first and second
are commonly go together, and are put
in practice by other indiscriminately
at one and the same operation. The
officer to whom the business is entrusted if he finds
money enough, takes money: if not he appl takes other
effects to fill make up the deficiency. The first then
may be regarded in future be consider'd as included under the second.
In England, both the second and the
third have both of them been in practise for time
immemorial: not indiscriminately however, but
according to the name that has been given to
the punishment by which the money has been exacted.
When [it] this punishment has been called a Fine, the
third method has been exclusively employ'd: when
it has been called Damages, the third other that the &c the second and
third have been employ'd together, not indeed in
their full force but under certain restrictions too
particular to be here insisted on.
The fourth is comparatively of very late invention. It
was first applied to Traders by one of the Bankrupt
Laws,† † c. §. ao 16and has since been
extended by the occasional Insolvent Acts[a] [a] The first of these in point of time is ao 1... The first in which a clause for this purpose is inserted is ..... to persons
at large where the obligation they are under to
pay money bears the name of debt. Such is
the case in many instances where that obligation
is imposed in a view to punishment.
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Identifier: | JB/141/119/003"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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119 |
of pecuniary forfeitures |
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003 |
note |
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text sheet |
4 |
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recto |
f2 / f3 / f4 / f5 |
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jeremy bentham |
[[watermarks::w [britannia with shield motif]]] |
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48336 |
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