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<head>C.<lb/> | |||
Of Punishments in General.</head> | |||
<p>9.<lb/> | |||
for all crimes and misdemeanours, if there be no punishment particularly appointed, the offender may 1. Be fined; and 2. Bound to his good behaviour.<note>Fine and <unclear>Cautionation</unclear> to come in default of other Punishment.</note></p> | |||
<p>10.<lb/> | |||
Also where special punishments one or more are particularly appointed, the above two punishments may either or both of them be added, or if the terms of the law appointing those punishments will warrant it, substituted to the rest. <note>Also where not excluded, in addition.</note></p> | |||
<p>11.<lb/> | |||
Whatever is delivered concerning any kind of punishment,<lb/> if the import of the Law be doubtful let the construction lean in favour of the offender. In weighing penal Laws let mercy turn the scale.<note>Penal Laws to be construed mercifully.</note></p> | |||
<p>12.<lb/> | |||
Where a determinate quantity of any given kind of punishment is appointed, the Judge, if he is not restricted by express words, is at liberty to inflict a less quantity of the same kind of punishment, but never to inflict more.<hi rend="superscript">(a)</hi><note>In point of quantity the Judge may sometimes mitigate, never enhance the appointed Punishment.</note></p> | |||
<p><note>(a) Note<lb/> | |||
The <unclear>Sacdinian</unclear> Code authorizes the Judge to increase the punishment indefinitely as well in quantity as in quality; it does not</note></p> <pb/> | |||
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C.
Of Punishments in General.
9.
for all crimes and misdemeanours, if there be no punishment particularly appointed, the offender may 1. Be fined; and 2. Bound to his good behaviour.Fine and Cautionation to come in default of other Punishment.
10.
Also where special punishments one or more are particularly appointed, the above two punishments may either or both of them be added, or if the terms of the law appointing those punishments will warrant it, substituted to the rest. Also where not excluded, in addition.
11.
Whatever is delivered concerning any kind of punishment,
if the import of the Law be doubtful let the construction lean in favour of the offender. In weighing penal Laws let mercy turn the scale.Penal Laws to be construed mercifully.
12.
Where a determinate quantity of any given kind of punishment is appointed, the Judge, if he is not restricted by express words, is at liberty to inflict a less quantity of the same kind of punishment, but never to inflict more.(a)In point of quantity the Judge may sometimes mitigate, never enhance the appointed Punishment.
(a) Note
The Sacdinian Code authorizes the Judge to increase the punishment indefinitely as well in quantity as in quality; it does not
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Identifier: | JB/143/024/003"JB/" can not be assigned to a declared number type with value 143. |
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143 |
punishment |
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024 |
of punishments in general |
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003 |
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copy/fair copy sheet |
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recto |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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48657 |
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