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<p>1827. May 11<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Constitutional Code</head></p>
 
<p><hi rend="underline">Instructional</hi><lb/>
 
Art 9.  By whomsoever this indirectly exercisable power of<lb/>
 
remission is exercisable, by him is thereby exercisable the<lb/>
power of deriving profit in any shape from the exercise<lb/>
of it, thereby selling correspondent impunity, and in perfect<lb/>
security without danger to himself, the faculty of <del>being all</del><lb/>
<add>acting with certainty of success as</add> an accomplice in all crimes the punishment of which is thus<lb/>
capable of being remitted.</p>
<p><hi rend="underline">Instructional</hi><lb/>
Art. 10.  In <del><gap/></del> <add>respect of</add> amplitude of <del>effect</del> mischievous effect<lb/>
indirectly exercisable power of remission goes far beyond the<lb/>
correspondent directly exercised power.  For of the directly<lb/>
exercised power the exercise is in every instance visible:<lb/>
and the individual by whom exercise is made of it, accordingly<lb/>
responsible:  whereas of the indirectly exercisable power<lb/>
the exercise is <gap/> invisible, and the individual by<lb/>
whom <del>it is</del> exercise is made of it accordingly irresponsible<lb/>
in other words in the <add>case of the</add> direct mode the power is not compleatly<lb/>
arbitrary, nor <add>in any degree so</add> if <del>judicially</del> no otherwise than judicially<lb/>
exercised as above, <del>whereas</del> on the other hand <add>when exercised</add> in the indirect<lb/>
mode the exercise of it is <add>in every case</add> compleatly arbitrary.</p>
<p><hi rend="underline">Instructional.</hi><lb/>
Art. 11.  In Rome bred law in the case of a certain class of<lb/>
wrongs <del>to wit those which may be</del> the exclusion power if, <unclear>indirect</unclear><lb/>
pursued in any prosecution is to a considerable extent given<lb/>
to a public functionary, to the exclusion of the individual <add>wronged</add> by<lb/>
whom the wrong has been sustained.</p>
<p>Art. 12.  These cases are those in which from the actual<lb/>
<del>suffering</del> pain <add>evil</add> actually suffered by an individual, alarm<lb/>
or danger or both on the part of individuals is <add>has been</add> regarded<lb/>
as having place to such an extent as to require on that<lb/>
account <del>encrease <gap/></del> <add>addition to be made</add> to a correspondent extent to the quantum<lb/>
of the punishment.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Ready_For_Review}}

Revision as of 04:55, 1 December 2022

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1827. May 11
Constitutional Code

Instructional
Art 9. By whomsoever this indirectly exercisable power of
remission is exercisable, by him is thereby exercisable the
power of deriving profit in any shape from the exercise
of it, thereby selling correspondent impunity, and in perfect
security without danger to himself, the faculty of being all
acting with certainty of success as an accomplice in all crimes the punishment of which is thus
capable of being remitted.

Instructional
Art. 10. In respect of amplitude of effect mischievous effect
indirectly exercisable power of remission goes far beyond the
correspondent directly exercised power. For of the directly
exercised power the exercise is in every instance visible:
and the individual by whom exercise is made of it, accordingly
responsible: whereas of the indirectly exercisable power
the exercise is invisible, and the individual by
whom it is exercise is made of it accordingly irresponsible
in other words in the case of the direct mode the power is not compleatly
arbitrary, nor in any degree so if judicially no otherwise than judicially
exercised as above, whereas on the other hand when exercised in the indirect
mode the exercise of it is in every case compleatly arbitrary.

Instructional.
Art. 11. In Rome bred law in the case of a certain class of
wrongs to wit those which may be the exclusion power if, indirect
pursued in any prosecution is to a considerable extent given
to a public functionary, to the exclusion of the individual wronged by
whom the wrong has been sustained.

Art. 12. These cases are those in which from the actual
suffering pain evil actually suffered by an individual, alarm
or danger or both on the part of individuals is has been regarded
as having place to such an extent as to require on that
account encrease addition to be made to a correspondent extent to the quantum
of the punishment.


Identifier: | JB/549/138/001"JB/" can not be assigned to a declared number type with value 549.

Date_1

1827-05-11

Marginal Summary Numbering

9-12

Box

549

Main Headings

Folio number

138

Info in main headings field

Constitutional Code

Image

001

Titles

Category

Text sheet

Number of Pages

Recto/Verso

Page Numbering

Penner

Jeremy Bentham

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Jeremy Bentham

Paper Produced in Year

Notes public

ID Number

Box Contents

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