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14
C
Refusal of Trusts
-sions may have been that have happen'd for the
discharge of the duties of the trust, and however
various the mischiefs may have been that have
ensued from the non-discharge of these duties
on those several occasions. This is no longer the
case where a man has once signified his
acceptance: every instance of neglect which occurs
upon every distinguishable occasion is commonly
enough made consider'd as a separate offence, and the ground of a distinct and separate
accusation.
Insufficiency of the compulsive punishment with regard to first omissions offences previous to acceptance . Thise distinction though conformable to thus <add>apt to be observed in</add>
practise is not conformable to utility. The compulsive
process operates applied to compel an
acceptance can act but very imperfectly in the
character of a punishment. As the duration Since from the very nature of it and
consequently the magnitude of it depends altogether
upon the choice of the offender himself it will commonly
amount to nothing: at any rate it applies
not to any of those mischiefs which may have
happen'd in consequence of omissions previous to
acceptance : so that as to so much the offender
may reap with impunity the profit of his offence
These considerations it behoves the legislator to have
Identifier: | JB/072/085/002"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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085 |
refusal of trusts |
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002 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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23702 |
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