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1826. May 17.<lb/>3<head>Penal Code</head><lb/><note>Ch. VI. Offences affect<add>g</add> use of prop.<lb/>§. 10. Stealing</note><p>cases</p><p>As already observed, numerous in the extreme<lb/>not to speak of others in embryo, have been the<lb/>cases, in which an aggravation of the one of the offences<lb/>has been assumed for the purpose of attaching to it<lb/>a correspondent extra punishment. The <add>grades</add> gradations<lb/>in the punishment, in so far as the punishment<lb/>is chronied, and thence measured by duration — of<lb/>the magnitude of the number of years given to it<lb/>are measured without difficulty. But with few or<lb/>no exceptions, the degradations in respect to<lb/>the commission of the offence without detection<lb/>and arrestation are altogether unsusceptible<lb/>of | 1826. May 17.<lb/>3<head>Penal Code</head><lb/><note>Ch. VI. Offences affect<add>g</add> use of prop.<lb/>§. 10. Stealing</note><p>cases</p><p>As already observed, numerous in the extreme<lb/>not to speak of others in embryo, have been the<lb/>cases, in which an aggravation of the one of the offences<lb/>has been assumed for the purpose of attaching to it<lb/>a correspondent extra punishment. The <add>grades</add> gradations<lb/>in the punishment, in so far as the punishment<lb/>is chronied, and thence measured by duration — of<lb/>the magnitude of the number of years given to it<lb/>are measured without difficulty. But with few or<lb/>no exceptions, the degradations in respect to<lb/>the commission of the offence without detection<lb/>and arrestation are altogether unsusceptible<lb/>of measuration: what difference there is, is<lb/>not greater between species and species of offence<lb/>thus constituted, than between individual and<lb/>individual of the same species. This would be<lb/>an objection and suffice for a peremptory one, if the<lb/>gradations in regard to the offence were not more<lb/>numerous than those in the punishments provided<lb/>for them. But they have been in fact, in a prodigious<lb/>degree more numerous — and in possibility and even probability, judging<lb/>from the past, they are in an indefinite degree more numerous. Thus thence it<lb/>should seem, that when the princip<del>a</del>le came to be applied, with anything like<lb/>correctness and consistency, instead of promoting it would counteract its<lb/>own purpose.</p> | ||
1826. May 17.
3Penal Code
Ch. VI. Offences affectg use of prop.
§. 10. Stealing
cases
As already observed, numerous in the extreme
not to speak of others in embryo, have been the
cases, in which an aggravation of the one of the offences
has been assumed for the purpose of attaching to it
a correspondent extra punishment. The grades gradations
in the punishment, in so far as the punishment
is chronied, and thence measured by duration — of
the magnitude of the number of years given to it
are measured without difficulty. But with few or
no exceptions, the degradations in respect to
the commission of the offence without detection
and arrestation are altogether unsusceptible
of measuration: what difference there is, is
not greater between species and species of offence
thus constituted, than between individual and
individual of the same species. This would be
an objection and suffice for a peremptory one, if the
gradations in regard to the offence were not more
numerous than those in the punishments provided
for them. But they have been in fact, in a prodigious
degree more numerous — and in possibility and even probability, judging
from the past, they are in an indefinite degree more numerous. Thus thence it
should seem, that when the principale came to be applied, with anything like
correctness and consistency, instead of promoting it would counteract its
own purpose.
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Identifier: | JB/067/330/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-05-17 |
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067 |
penal code |
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330 |
penal code |
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001 |
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1 |
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recto |
a3 |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22163 |
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