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<!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 7 <note>116</note><lb/>Police Revenue Bill <note>Observations</note></p> <note>V. Penalties<lb/> § 36<lb/> 88<lb/> Forgery touching<lb/> Licences — <lb/> felony on a second <lb/> offence — why</note> <p><del>§.8. [2] [ <hi rend="underline">The <gap/>seem to be <gap/></hi> ] <gap/>. It seems</del> <add> §.36. [1] [88] Page | <!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 7 <note>116</note><lb/>Police Revenue Bill <note>Observations</note></p> <note>V. Penalties<lb/> § 36<lb/> 88<lb/> Forgery touching<lb/> Licences — <lb/> felony on a second <lb/> offence — why</note> <p><del>§.8. [2] [ <hi rend="underline">The <gap/>seem to be <gap/></hi> ] <gap/>. It seems</del> <add> §.36. [1] [88] Page 71. <del> <gap/> </del> <hi rend="underline">[.. Counterfeiting &c any <gap/> license, .....second<lb/> offence ...felony.</hi> ]</add></p> <p> necessary, <del>wh</del> were it only for the sake of regularity, <lb/>that a clause should be provided for the prohibition of<lb/>these modifications of the <del> <foreign>crimin falsi</foreign> in regard to </del><add> crime of forgery which have for<lb/><del> Licences, though under the inspection of the Surveyor</del> <add>their subject matter the <hi rend="underline">instrument of licence</hi>, though under</add> <lb/> <del>they seem not <gap/> </del> <add> the contradiction given to them by the Registrar &c. in the custody<lb/> of the Board, there seems little</add> <sic>likely hood</sic> of their being frequently<lb/> if ever, attempted to be committed.: <del>Although to</del><lb/> <del> the case is much the same with </del> <add> and in</add> regard to those<lb/> which have the <hi rend="underline">inscription</hi> for their subject matter, <lb/> the case seems much the same. <sic>Falshoods</sic> <del> whether</del><lb/>having for their subject matter the party's <add> own</add> name<lb/> are much less improbable: <del> the <gap/> </del> <add> since in </add> the case of a bad<lb/> character, a change of name and abode is the <lb/> natural resource.</p><p> <del> For a first offence</del> <add>Pecuniary</add> Forfeiture, sounds milder<lb/> than corporal punishment, and <del> if</del> being made recoverable<lb/> <del> before a Justice will</del> <add> <del><gap/></del> in the summary mode, will</add> be more efficacious than a <lb/> severer punishment, not inflictable but in the regular<lb/>mode of procedure: <del>but</del> <add>yet</add> for the sake of appearance and<lb/> conformity to precedents, it seemed necessary in case <lb/> of forgery to <del> add the second offence</del> appoint<del>ment</del> felonious<lb/> punishment <add> at any rate</add> for a second offence. <add>[+]</add> <note>[+] In some instances, <add><del>which</del> I have observed </add> of forgery for similar purposes, the penalty has been pecuniary only, and that a <hi rend="underline">fixed</hi> one. The amount of it, it is true, appeared considerable: but the profit, capable of being made by <add> incurring</add> it, <del>is</del> <add> appeared</add> still more considerable. — A penalty inferior to the profit of the offence, constitutes — not a prohibition, but a licence.</note> In the list<lb/> here given of the modifications of the <foreign><hi rend="underline">crimin falsi</hi> </foreign>, <lb/> <del>and</del> a degree of plentitude, and in the description of <lb/> the condition in which a second offence shall receive <lb/> an aggravated punishment , a degree of caution may <lb/> perhaps be remarked, <del>such</del> rather beyond what is commonly<lb/> to be found. Should <add>any of </add> these <del>supposed</del> attempts at improvement<lb/> be <del> <gap/> considered as innovations</del> <add> disapproved of, on the score of novelty</add>, it will be <lb/> easy to strike them out.</p> <p> <add> The </add> </p> | ||
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+ Cd 7 116
Police Revenue Bill Observations
V. Penalties
§ 36
88
Forgery touching
Licences —
felony on a second
offence — why
§.8. [2] [ The seem to be ] . It seems §.36. [1] [88] Page 71. [.. Counterfeiting &c any license, .....second
offence ...felony. ]
necessary, wh were it only for the sake of regularity,
that a clause should be provided for the prohibition of
these modifications of the crimin falsi in regard to crime of forgery which have for
Licences, though under the inspection of the Surveyor <add>their subject matter the instrument of licence, though under
they seem not the contradiction given to them by the Registrar &c. in the custody
of the Board, there seems little likely hood of their being frequently
if ever, attempted to be committed.: Although to
the case is much the same with and in regard to those
which have the inscription for their subject matter,
the case seems much the same. Falshoods whether
having for their subject matter the party's own name
are much less improbable: the since in the case of a bad
character, a change of name and abode is the
natural resource.
For a first offence Pecuniary Forfeiture, sounds milder
than corporal punishment, and if being made recoverable
before a Justice will in the summary mode, will be more efficacious than a
severer punishment, not inflictable but in the regular
mode of procedure: but yet for the sake of appearance and
conformity to precedents, it seemed necessary in case
of forgery to add the second offence appointment felonious
punishment at any rate for a second offence. [+] [+] In some instances, which I have observed of forgery for similar purposes, the penalty has been pecuniary only, and that a fixed one. The amount of it, it is true, appeared considerable: but the profit, capable of being made by incurring it, is appeared still more considerable. — A penalty inferior to the profit of the offence, constitutes — not a prohibition, but a licence. In the list
here given of the modifications of the crimin falsi ,
and a degree of plentitude, and in the description of
the condition in which a second offence shall receive
an aggravated punishment , a degree of caution may
perhaps be remarked, such rather beyond what is commonly
to be found. Should any of these supposed attempts at improvement
be considered as innovations disapproved of, on the score of novelty, it will be
easy to strike them out.
The
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jeremy bentham |
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