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C
Of Theft
the discretion of the judge and the appearance
of danger still continues: and it will be the case of the Judge will
not to let the offender off entirely, so long as
the smallest speech of mitigation remains that the
restitution could not have been made had it not
been for the intervention of some threatening circumstance
prior to the commission of the offence.
Question III
From p.25 No1 Why a certain quantity of hard labour
is appointed in addition to that which
is proportioned to the of the offence value of the thing stolen?
Reasons
1. Because otherwise in thefts to a very
small amount the punishment might be so
trifling as to make no impression. See
Tit [Simple mercantile defraudment]Back to p.25 no 2.
