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<head>P<hi rend='superscript'>t</hi> IV .<!-- Pt IV . written in pencil --> 45 </head> | |||
<head>C</head><!-- centred --> | |||
<head>Of Frauds<!-- 2 words, larger font --> relative to the Coin<!-- 2 words, larger font -->. <note>Reasons</note><!-- note written in pencil --></head><!-- centred --> | |||
<p><note>A man's not being obliged to accept makes no difference.</note> only Coin which a man is obliged to accept in payment : unless | |||
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it be such foreign Coin as the State has thought proper to adopt: | |||
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which puts it upon the footing of domestic . On this account it may | |||
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be thought that the counterfeiting of the former is more mischievous | |||
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than the counterfeiting of the latter . But this objection, | |||
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when examined, will be found to be of little force. A piece | |||
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of domestic Coin , if it happens to be counterfeit , he is no more | |||
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obliged to take , than he is to take counterfeit foreign Coin. | |||
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When a piece of counterfeit domestic Coin then is tendered to him, | |||
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if he suspects it, measures are taken, I suppose, by the Laws of | |||
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all Countries, to give him a right to put it to the test at his | |||
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peril; so that if it turns out not to be good, the loss falls not | |||
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upon him but upon the tenderer. This obligation to accept is a | |||
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circumstance that applies not in one case out of ten thousand. | |||
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In ordinary Cases where a man accepts money , it is not that | |||
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he is forced but that he <sic>chuses</sic> so to do . The question then upon | |||
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which the mischief turns is whether there be any case in | |||
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which a man would have an adequate inducement to accept | |||
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of the counterfeit foreign Coin , if he did not suspect it so to be. <add>Now</add> | |||
<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
Pt IV . 45
C
Of Frauds relative to the Coin. Reasons
A man's not being obliged to accept makes no difference. only Coin which a man is obliged to accept in payment : unless
it be such foreign Coin as the State has thought proper to adopt:
which puts it upon the footing of domestic . On this account it may
be thought that the counterfeiting of the former is more mischievous
than the counterfeiting of the latter . But this objection,
when examined, will be found to be of little force. A piece
of domestic Coin , if it happens to be counterfeit , he is no more
obliged to take , than he is to take counterfeit foreign Coin.
When a piece of counterfeit domestic Coin then is tendered to him,
if he suspects it, measures are taken, I suppose, by the Laws of
all Countries, to give him a right to put it to the test at his
peril; so that if it turns out not to be good, the loss falls not
upon him but upon the tenderer. This obligation to accept is a
circumstance that applies not in one case out of ten thousand.
In ordinary Cases where a man accepts money , it is not that
he is forced but that he chuses so to do . The question then upon
which the mischief turns is whether there be any case in
which a man would have an adequate inducement to accept
of the counterfeit foreign Coin , if he did not suspect it so to be. Now
Identifier: | JB/071/181/001"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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181 |
of frauds relative to the coin |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f45 / f46 / f47 / f48 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23584 |
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