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38 Pt. IV.
C
Reasons Of Frauds relative to the Coin. Reasons
worth while to detract from the simplicity of the Law for the sake
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Note.
either false money in payment : or at the time of such tendering have
more in his custody ; he is for the First Offence to suffer a year's
Imprisonment, and, for the second Offence, Death.
Temerity of this presumption. In no state of things could a remedy so violent and hazardous
as this be advantageous . When the Coingage is in a good state;
when there is not much bad Coin current in a country ; it never
can be needful :+ + See Introd: Ch. of [Cases unmeet for Punishment] is improper. when the Coinage is in a very bad State such a remedy
will either be inefficacious or unprofitable.+ Unless the Law
be strictly executed it will not put a stop to the obnoxious practice;
and if it be, the mischief of execution may be greater than
the service done by the suppression of the offence . the worse State
the Coinage is in, the more apt is the person who is to receive,
to be negligent about the money he accepts ; much more the person
who is to pay , about the money which he offers. The only
ground upon which any thing can be said in favour of a provision
of such severity in such a case is this : that the putting
of bad Money under such circumstances is looked upon as conclusive evidence of complicity with the coiners : upon which ground
punishing the transaction above described is taking an evidentiary
act and turning it into a principal Offence. But in a bad state of the
Identifier: | JB/071/169/002"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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169 |
of frauds relative to the coin |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f37 / f38 / f39 / f40 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23572 |
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