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23 June 1804 E
Procedure Evils
<sic>Ch.<sic> 1.
(1 §§. 4 Evils undesirable
§§. Other branches of the main end, normally and apparently different,
reduced to the above as being substantially the same.
On a review of the above lot of those abovementioned
collateral branches of the main collateral end of procedure the list
of them may be apt to appear incompleat.
Punishment it may occur — the lot of punishment
applies in each case any individual instance by the Judge may in quantity — fall err in quantity or in quality: in
quantity it may be too little or too great: in respect of quality, w
whether proper or improper in quantity, it
may be applied in an improper shape.
In respect respect of/the instance the collation of rights, the case is equally open to the like errors.
To also of course, so likewise in the case of the application of satisfaction.
The obscurity may not improperly be stated as
such, but will presently be cleared up.
By all these several cases are brought to view so upon the carpet
many compound ends: in so many compound inconveniences apply to the subject a drop of
reason, they will be decomposed, and resolved each of them
into two simple ones. The combination in each case<lb/.consists of two opposite inconveniences applications which counteracting
and neutralizing each other, have the excess only for the clear amount on the
side of inconvenience evil.
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I. Punishment too Great
Reduction or Resolution
Two masses one
the other
From the actual quantity
actually applied,
the quantity due.
the quantity in
respect of what the mischief has
taken place, coexisting in
application of punishment where inducing the application of punishment where due
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II Punishment too little
Reduction or Resolution
application of punishment
where due to the
amount of the difference.
From the quantities due
subtract the quantity applied.
Remains the quantity
in respect of which the
has taken
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Punishment improper in quality
Reduction or Resolution
Under the head of punishment
applied where undue, all done
to the amount of the whole quantity actually
applied in the improper quality
three
1/ Application of punishment
when undue
2 To the whole amount of the
quantity there ugh to have<lb?>been applied of the proper
quantity there exists
2. Non-application of punishment
where due
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and arithmetically speaking its in
this third case has been as great as in either of the other two. But <add>At the same time in point of
practical effect, the it is equally evident,
of having been doubled by the second of the two items
has in a greater or lesser degree been corrected. The
second is taken an error in arithmetic, using
not the entire side of the account on the first, but
on the opposite.
Identifier: | JB/122/045/002"JB/" can not be assigned to a declared number type with value 122. |
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122 |
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045 |
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002 |
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Correspondence |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D3 |
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1800 |
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1800 |
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002 |
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