<span class="mw-page-title-main">JB/071/180/002</span>

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JB/071/180/002

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42 Pt IV. C Reasons Of Frauds relative to the Coin.

Code.+ + See Tit: [Composition.] 2. The


Note.

the same as that for a common fraud to the same amount, is on
that account either too much or else too little: if he incurred it,
being in confederacy with the Coiners it is then too little: the proper
punishment for him is that which is applied to Coiners.

Punishment pro modo probationum holds not here. I am aware that cases will every now and then occur in which
it is necessary for a Legislator to deviate from the strict and even
rule of punishment in order to make allowance for the uncertainty
of guilt on the one hand, and the mischievous effects of impunity
on the other. There is a particular name for punishment when
inflicted in such cases. By the french Lawyers it is stiled punishment
<hi rend='underline'>pro modo probationum+</hi> + See Comment. sur l'Ordonri criminelle par M. Jousse.; punishment according to the measure
of the proof: punishment reduced in proportion to what the
proof wants of being full measure. Such cases then there are, or at
lease may be: but, if there be, this I think is hardly of the number.
In those cases the supposition is that the defendant is more likely
to be guilty than innocent; but here he is infinitely more likely to be
innocent than guilty.

In what circumstances the Act in question might be made Penal. If, in the case described by the above statute, any Law carrying
such a punishment with it is at all to be justified, it is when the Law is



Identifier: | JB/071/180/002"JB/" can not be assigned to a declared number type with value 71.

Date_1

Marginal Summary Numbering

not numbered

Box

071

Main Headings

penal code

Folio number

180

Info in main headings field

of frauds relative to the coin

Image

002

Titles

Category

copy/fair copy sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f41 / f42 / f43 / f44

Penner

Watermarks

[[watermarks::myears [lion with crown motif]]]

Marginals

Paper Producer

caroline fox

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

23583

Box Contents

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