★ Find a new page on our Untranscribed Manuscripts list.
Pt. IV . 41
C
Of Frauds relative to the Coin. Reasons
purpose would scarcely pay for their houseroom in the Code.
Note
may already be ruined by the expence and discredit of a prosecution.
Making the Law more peremptory is no sufficient reason. The only advantage that can be got by turning into an independent
Offence an act so inconclusively evidentiary of the offence substantially
in view, is the making the Law appear a little more formidable to an
Offender; to wit, by describing his offence in terms more explicit than
it would be described in otherwise, and putting his delinquency
upon an issue which appear more susceptible of proof than the
fact upon which his guilt really depends. But I will leave it to let any man
any and to determine, whether so slight an advantage is worth purchasing
at so dear a rate.
The punishment in this Case is either too great or else too little. Be that as it may the punishment appointed by the Law
is at any rate improper: it either falls short of the mark, or goes beyond
it. If a man incurs it innocently; that is acting upon the
same footing upon which men of undisputed probity are wont to
act, all punishment whatsoever, or at least all punishment which
casts a taint upon his character, is manifestly too much. If he incurs
it, not being in confederacy with coiners, but meaning however
to make a profit by the offence, the punishment, not being the
Identifier: | JB/071/180/001"JB/" can not be assigned to a declared number type with value 71. |
|||
---|---|---|---|
not numbered |
|||
071 |
penal code |
||
180 |
of frauds relative to the coin |
||
001 |
|||
copy/fair copy sheet |
4 |
||
recto |
f41 / f42 / f43 / f44 |
||
[[watermarks::myears [lion with crown motif]]] |
|||
caroline fox |
|||
23583 |
|||