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<head>14</head> | |||
<head>C</head><!-- centred --> | |||
<head>Refusal of Trusts</head><!-- centred --> | |||
<p>-sions may have been that have <sic>happen'd</sic> for the | |||
<lb/> | |||
discharge of the duties of the trust , and however | |||
<lb/> | |||
various the mischiefs may have been that have | |||
<lb/> | |||
ensued from the non-discharge of these duties | |||
<lb/> | |||
on those several occasions . This is no longer the | |||
<lb/> | |||
case where a man has once signified his | |||
<lb/> | |||
acceptance : every instance of neglect which occurs | |||
<lb/> | |||
upon every distinguishable occasion is commonly | |||
<lb/> | |||
enough made <add><sic>consider'd</sic> as a separate <sic>offence</sic> , and</add> the ground of a distinct and separate | |||
<lb/> | |||
accusation . | |||
<lb/></p> | |||
<p><!-- indented --><note>Insufficiency of <del><unclear>the</unclear></del> compulsive punishment with regard to <del>first</del> <add>omissions</add> <del><sic>offences</sic></del> previous to acceptance .</note> Th<del>is</del>e distinction <del>though conformable to</del> <add>thus <add>apt to be</add> observed in</add> | |||
<lb/> | |||
practise is not conformable to utility. The compulsive | |||
<lb/> | |||
process <del>operates</del> applied to compel <del>an</del> | |||
<lb/> | |||
acceptance can act but very imperfectly in the | |||
<lb/> | |||
character of a punishment . As the duration <add>Since from the very nature of it</add> and | |||
<lb/> | |||
consequently the magnitude of it depends <del>altogether</del> | |||
<lb/> | |||
upon the choice of the offender <add>himself</add> it will commonly | |||
<lb/> | |||
amount to nothing : at any rate it applies | |||
<lb/> | |||
not to any of those mischiefs which may have | |||
<lb/> | |||
<sic>happen'd</sic> in consequence of omissions <gap/> to | |||
<lb/> | |||
acceptance : so that as to so much the offender | |||
<lb/> | |||
may reap with impunity the profit of his <sic>offence</sic> | |||
<lb/> | |||
These considerations it behoves the legislator to <add>have</add> | |||
<lb/></p> | |||
14
C
Refusal of Trusts
-sions may have been that have happen'd for the
discharge of the duties of the trust , and however
various the mischiefs may have been that have
ensued from the non-discharge of these duties
on those several occasions . This is no longer the
case where a man has once signified his
acceptance : every instance of neglect which occurs
upon every distinguishable occasion is commonly
enough made consider'd as a separate offence , and the ground of a distinct and separate
accusation .
Insufficiency of the compulsive punishment with regard to first omissions offences previous to acceptance . Thise distinction though conformable to thus <add>apt to be observed in</add>
practise is not conformable to utility. The compulsive
process operates applied to compel an
acceptance can act but very imperfectly in the
character of a punishment . As the duration Since from the very nature of it and
consequently the magnitude of it depends altogether
upon the choice of the offender himself it will commonly
amount to nothing : at any rate it applies
not to any of those mischiefs which may have
happen'd in consequence of omissions to
acceptance : so that as to so much the offender
may reap with impunity the profit of his offence
These considerations it behoves the legislator to have
Identifier: | JB/072/085/002"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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085 |
refusal of trusts |
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002 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23702 |
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