1 Aug 1812

Evidence Introd

Introd

Ch. 26. Imprisonment for debt

'.3. Bad no punishment

'3. its inapptitude, applied as it is, as an instrument of punishment.

In the character of an instrument, the infliction in question is it well grounded? is it necessary? or no, or a [...?] is it /is it or does it promise to be/ effectual?

Compulsion out of the question if to [...?] purpose /suffering purposely applied and directed to an end/ punishment be of use [...?] is to one or other of them then viz privation by example, prevention viz. of delinquency in the shape in question on the part of persons other than the delinquent in question - prevention of delinquency on the part of the person in question by depriving him of the power of [...?], or by depriving him of the will or the disposition or inclination, i.e. reformation.

In the case in question, delinquency in any shape - has it taken place? - because /for/ if not, all punishment is out of the question all consideration with object of punishment out of place.

Fraud or temerity - in one or other of these shapes delinquency, if on the occasion in question it really has had place must have operated.