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<p>1826. April 30.<lb/> | |||
<head>Penal Code</head></p> | |||
<p><note>Ch. II. Division of offences<lb/> | |||
§. Some public offences</note></p> | |||
<p>country</p> | |||
<p>These same observations apply moreover to offences<lb/> | |||
of a publick nature. Many are the occasions on which,<lb/> | |||
at the expence of the community, alleviation has been<lb/> | |||
applied to losses, that fall in the first instance upon<lb/> | |||
determinate individuals: as often as an arrangement<lb/> | |||
of this sort has been made, the truth<lb/> | |||
of this pathological axiom has been recognized.</p> | |||
<p>In the case of an offence affecting person<lb/> | |||
and property together, it <del>is</del> <add>may be</add> scarcely worth observing,<lb/> | |||
that in many instances, while <del>the</del><lb/> | |||
so much of the offence as regards person is encreased<lb/> | |||
by and in proportion to the number of<lb/> | |||
the sufferers, the suffering produced by the loss<lb/> | |||
is in a much greater proportion diminished.<lb/> | |||
Thus, suppose <del>a</del> <add>diverse</add> functionaries travelling with<lb/> | |||
a quantity of publick money in <add>their</add> possession,<lb/> | |||
robbed, the terror of individuals is of course<lb/> | |||
multiplied by their number: But <add>of the</add> suffering<lb/> | |||
produced by the loss, the quantity is diminished<lb/> | |||
by the same cause.</p> | |||
<p>On a first view, the proportion in which<lb/> | |||
it may appear to be diminished will be in<lb/> | |||
the ratio of the whole number of taxable inhabitants<lb/> | |||
in the community to one.</p> | |||
<p>As to the mischief <add>evil</add> of the second order,<lb/> | |||
whether in this case, the sufferers in respect<lb/> | |||
of the evil of the first order be one or more, will be<lb/> | |||
no <unclear>other</unclear> in the case of the publick than in the case of the private offence.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
1826. April 30.
Penal Code
Ch. II. Division of offences
§. Some public offences
country
These same observations apply moreover to offences
of a publick nature. Many are the occasions on which,
at the expence of the community, alleviation has been
applied to losses, that fall in the first instance upon
determinate individuals: as often as an arrangement
of this sort has been made, the truth
of this pathological axiom has been recognized.
In the case of an offence affecting person
and property together, it is may be scarcely worth observing,
that in many instances, while the
so much of the offence as regards person is encreased
by and in proportion to the number of
the sufferers, the suffering produced by the loss
is in a much greater proportion diminished.
Thus, suppose a diverse functionaries travelling with
a quantity of publick money in their possession,
robbed, the terror of individuals is of course
multiplied by their number: But of the suffering
produced by the loss, the quantity is diminished
by the same cause.
On a first view, the proportion in which
it may appear to be diminished will be in
the ratio of the whole number of taxable inhabitants
in the community to one.
As to the mischief evil of the second order,
whether in this case, the sufferers in respect
of the evil of the first order be one or more, will be
no other in the case of the publick than in the case of the private offence.
Identifier: | JB/068/049/001"JB/" can not be assigned to a declared number type with value 68. |
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1826-04-30 |
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068 |
penal code |
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049 |
penal code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
e2 |
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john neal |
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22244 |
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