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<head>38 P<hi rend='superscript'>t</hi>. IV.<!-- Pt. IV. written in pencil --></head> | |||
<head>C</head><!-- left of centre --> | |||
<head><note>Reasons</note><!-- written in pencil --> Of Frauds<!-- 2 words, larger font --> relative to the Coin<!-- 1 word, larger font -->. <note>Reasons</note><!-- written in pencil --></head> | |||
<p>worth while to detract from the simplicity of the Law for the <add>sake</add> | |||
<lb/></p> | |||
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<pb/> | |||
<head>Note.</head><!-- left of centre --> | |||
<p>either false money in payment : or at the time of such tendering have | |||
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more in his custody ; he is for the First Offence to suffer a year's | |||
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Imprisonment, and, for the second Offence, Death. | |||
<lb/></p> | |||
<p><!-- indent --><note>Temerity of this presumption.</note> In no state of things could a remedy so violent and hazardous | |||
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as this be advantageous . When the Coingage is in a good state; | |||
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when there is not much bad Coin current in a country ; it never | |||
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can be n<hi rend='underline'>eedfu</hi>l :<hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> See Introd: Ch. of [Cases<!-- both 'of' and 'Cases' have been amended (individual letters have overwritten previously written ones, though the initial intention is difficult to determine with any degree of accuracy) --> <del><gap/></del> <add><unclear>unmeet</unclear> for</add> Punishment] <del>is improper</del>.</note> when the Coinage is in a very bad State such a remedy | |||
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will either be inefficacious or unprofitable.<hi rend='superscript'>+</hi> Unless the Law | |||
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be strictly executed it will not put a stop to the obnoxious practice; | |||
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and if it be, the mischief of execution may be greater than | |||
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the service done by the suppression of the offence . the worse State | |||
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the Coinage is in, the more apt is the person who is to receive, | |||
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to be negligent about the money he accepts ; much more the person | |||
<lb/> | |||
who is to pay , about the money which he offers. The only | |||
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ground upon which any thing can be said in favour of a provision | |||
<lb/> | |||
of such severity in such a case is this : that the putting | |||
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of bad Money under such circumstances is looked upon as conclusive evidence of complicity with the coiners : upon which ground | |||
<lb/> | |||
punishing the transaction above described is taking an evidentiary | |||
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act and turning it into a principal Offence. But in a bad state of <add>the</add> | |||
<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
38 Pt. IV.
C
Reasons Of Frauds relative to the Coin. Reasons
worth while to detract from the simplicity of the Law for the sake
---page break---
Note.
either false money in payment : or at the time of such tendering have
more in his custody ; he is for the First Offence to suffer a year's
Imprisonment, and, for the second Offence, Death.
Temerity of this presumption. In no state of things could a remedy so violent and hazardous
as this be advantageous . When the Coingage is in a good state;
when there is not much bad Coin current in a country ; it never
can be needful :+ + See Introd: Ch. of [Cases unmeet for Punishment] is improper. when the Coinage is in a very bad State such a remedy
will either be inefficacious or unprofitable.+ Unless the Law
be strictly executed it will not put a stop to the obnoxious practice;
and if it be, the mischief of execution may be greater than
the service done by the suppression of the offence . the worse State
the Coinage is in, the more apt is the person who is to receive,
to be negligent about the money he accepts ; much more the person
who is to pay , about the money which he offers. The only
ground upon which any thing can be said in favour of a provision
of such severity in such a case is this : that the putting
of bad Money under such circumstances is looked upon as conclusive evidence of complicity with the coiners : upon which ground
punishing the transaction above described is taking an evidentiary
act and turning it into a principal Offence. But in a bad state of the
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Identifier: | JB/071/169/002"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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169 |
of frauds relative to the coin |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f37 / f38 / f39 / f40 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23572 |
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