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<!-- NB: within this folio there are two sets of headings spanning 2 lines, which have each been marked in two separate heading tabs, being that <lb/> tabs aren't permitted within a heading tab. --> | |||
<head>64</head> | |||
<head>C</head> | |||
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<head><note>Reasons</note><!-- written in pencil --> Of Frauds<!-- 2 words, larger font --> relative to the Coin.<!-- 1 word, larger font --></head> | |||
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under | <head>Quest VII. Why the Punishment in this Case may</head><!-- larger font --> | ||
<head>be fixed,</head><!-- align under the word 'Why' in the line above. NB: larger font --> | |||
<head>Reason</head><!-- align under the word 'be' in the line above. NB: larger font --> | |||
<p><!-- indent -->Because the mischief is to be estimated in this Case | <p><!-- indent --><note>Because the Mischief results not from the Act but from the Habit:</note> Because the mischief is to be estimated in this Case | ||
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not from the particular consequences of any single Act, but from | not from the particular consequences of any single Act, but from | ||
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the general consequences of the obnoxious habit. See Quest V. | the general consequences of the obnoxious habit. See Quest V. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->It can answer therefore no purpose to make the punishment rise and fall with the profit upon any single | <p><!-- indent -->It can answer therefore no purpose to make the punishment | ||
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rise and fall with the profit upon any single | |||
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offence . The profit which the punishment must be made | offence . The profit which the punishment must be made | ||
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to outweigh is the profit not upon the particular Act, but | to outweigh is the profit not upon the particular Act, but | ||
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upon the habitual Practice. Now the quantum of the former | |||
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is susceptible of direct proof. But this is not the case | |||
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with the latter . It can be appraised no otherwise than by a | |||
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random calculation. This calculation may be the same for | |||
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all cases. It may therefore as well be made by the Legislator | |||
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as by the Judge. | |||
<lb/></p> | |||
<head>Quest. VIII. Why the indelible Stigma is here</head><!-- NB: larger font --> | |||
<head>employed,</head><!-- align under the word 'Why' in the line above. NB: larger font --> | |||
<head>Reasons.</head><!-- word finishes just left of centre --><!-- NB: larger font --> | |||
<p><!-- indent slightly -->1. Because the infamy will not be so intolerable in this <add>as</add> | |||
<lb/></p> | <lb/></p> | ||
64
C
Reasons Of Frauds relative to the Coin.
Quest VII. Why the Punishment in this Case may be fixed, Reason
Because the Mischief results not from the Act but from the Habit: Because the mischief is to be estimated in this Case
not from the particular consequences of any single Act, but from
the general consequences of the obnoxious habit. See Quest V.
It can answer therefore no purpose to make the punishment
rise and fall with the profit upon any single
offence . The profit which the punishment must be made
to outweigh is the profit not upon the particular Act, but
upon the habitual Practice. Now the quantum of the former
is susceptible of direct proof. But this is not the case
with the latter . It can be appraised no otherwise than by a
random calculation. This calculation may be the same for
all cases. It may therefore as well be made by the Legislator
as by the Judge.
Quest. VIII. Why the indelible Stigma is here employed, Reasons.
1. Because the infamy will not be so intolerable in this as
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Identifier: | JB/071/185/004"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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185 |
of frauds relative to the coin |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f61 / f62 / f63 / f64 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23588 |
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