JB/096/105/001

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DIVISION OF LAW — All Laws penal

To this position however several apparent exceptions may be classes of Laws may at first sight seem to
furnish so many exceptions. The First it may be asked, where is example alleged may be that of a Law offering a bounty as an
encouragement to perform an act therein specified: such for instance as
the first made for the that of the 1st of W. J. Moury ch. 2 to encourage the exportation of corn. And have it is
to be acknowledged that the primary motive created offer'd by the Law is a reward
[which in this and similar instances it might well be considering 1st
supererogation That the measure which was the object of the Law tho' expedient was not necessary to be obtained
secondly; that the persons who were the objects of it expence of the reward would only be incurred in proportion as
the fund out of which it was to come should be increased; and thirdly
that the persons to be rewarded were] This is a note But still even here it's effectuation execution depends rests
ultimately upon punishment; for if sombody are is to receive, some persons are permitted others are to
pay; and the obligation motive Sanction holden up to them upon to them is a coercive penal obligation our

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Another may be that of a Law of which instances might be given + + In. an Instance
which permitts made for the sole purpose of permitting certain acts to be dome by certain persons As for instance the prints Acts enabling persons to make Sales of Estates &c. — but what
that permission amount to without when examined meant no more than a prohibition exprest or implied
to all other persons from hindering them? and that prohibition has must ever
have some sanction to enforce it. which sanction when nothing more is said is the Costs of litigation.

After these [stronger] instances it is scarce necessary to mention that of de distributive
Laws in general where the only costs for are as a Sanction Penalty which is not the less real
for not being particularly specified: or that of certain ancient Acts pass of
date when the untutored simplicity of Legislators had not yet learnt the expediency of
restrictive specifications, to which though they wear the pose of a prohibition, no
particular Sanction is annexed — The indefinite plenitude of the kingly
authority was trusted to as [afforded] a fund of sanctions. L Colne says — Fine & Imprisonment was the penalty when none was particularly specified. In the passage — & Qu. The truth of it — see whether instances may not be found of the infliction of other punishment in each case even Death.

INTROD. Sanction Penal X Praemiary [BR] ]

Identifier: | JB/096/105/001"JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	105	Info in main headings field	introd. sanction penal & praemiary
Image	001	Titles	division of law - all laws penal
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f7
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31109
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