Penalty

“ Penalty of $40 or under, recoverable before one Justice of the Peace (2) Provided that if the penalty do not exceed forty dollars, it may be recovered before any one Justice of the Peace, in a summary manner, and if not paid, may be levied by distress under warrant of such Justice ;—
And if the penalty exceeds forty dollars, the offender may be indicted for a misdemeanor in contravening the provisions of this Act or of the regulations made under it, (instead of being sued for such penalty) and if convicted, shall be punishable by fine or imprisonment, or both, in the discretion of the Court. ”

“ It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the Courts and Ministers of Justice, or by military force; by the coercion of the magistracy, or by the coercion of arms. The first kind can evidently apply only to men: ”

“ If this were not so, all that would be necessary to give ubiquitous effect to a penal law would be to put the claim for a penalty into the shape of a judgment. Wharton, Confl. L. § 833; Westlake, International Law, 1st ed. ”

“ When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. ”

“ The counsel for the defendant in error maintain, that by the commencement of the suit for the penalty prescribed by the statute for selling rope and bagging without inspection, the defendant acquired a vested right in the penalty, which the subsequent repeal of the statute by the legislature cannot deprive him of. The foundation of a claim to a penalty prescribed by law is derived entirely from the statute authorizing a judgment to be rendered in favor of any one who will sue for it.' 'This claim is imperfect until a judgment be rendered for it. ”

“ The contention of the defendants in error is that the action for a penalty is exclusive of all other means of enforcing the act, and that an indictment will not lie as for an alleged offense within the terms of the act. The general principle is invoked that, where a statute creates a right and prescribes a particular remedy, that remedy, and none other, can be resorted to. ”

“ The relationships, attributes, and circumstances personal to any offender do ground the exemption of a penalty, commutation of a penalty, or aggravation of a penalty for that offender personally. The circumstances which relate to the characteristics of an offence [and] which ground the exemption of a penalty, commutation of a penalty, or aggravation of a penalty, shall take effect for all those who have played a part in such offence, irrespective of whether they be principals or aiders. ”

“ If the offender does not yet incur any penalty or is incurring it and the penalty determined by the judgment is more serious than that imposable under the subsequent law, the court, either on its own motion or at the request of the offender himself, his legal representative or custodian or a public prosecutor, shall render a new sentence in accordance with the subsequent law. ”

“ This is language appropriate to the prosecution of a suit or action for some fixed and definite penalty; but is inapplicable to mere discretionary fines, which may be imposed by the court or not, at its pleasure. ”

“ The penalty for a second offense is being disabled from suing or pleading any action in any court, being guardian of any child, or executor or administrator of any estate, or receiving any legacy or deed of gift and imprisonment for three years without bail or mainprize. ”

“ After which term let them all be assured that the aforesaid penalty shall run generally; that is to say, every country, that is to wit, the people in the country, shall be answerable for felonies and robberies done among them. ”

“ When it is remembered that a penalty may be recovered by indictment or information in a criminal action, or by a civil action in the form of an action of debt, and also that the circuit courts of the United States are, as contradistinguished from the district courts the federal courts of original civil jurisdiction, the significance of this clause is clear. ”

“ The fallacy of the argument, on the part of the complainants, consists in going back to former laws concerning the distribution of other penalties, and considering them to be applicable to this penalty, when the existing law, applicable in terms to a penalty ejusdem generis, and for which this penalty is a substitute, declares that it is not distributable.
Our opinion is, that the first question certified by the circuit court, must be answered in the negative. ”

“ What are now known as “penal actions,” i.e. proceedings in which an individual who has not suffered personally by a breach of the law sues as a common informer for the statutory penalty either on his own benefit or on behalf also of the Crown (qui tam pro rege quam pro se ipso) , bear some analogy to the actio popularis of Roman law, from which they are derived (see the statute 4 Hen. VII. 1488) ; but they are now treated for most purposes as civil and not as criminal proceedings. ”

“ The danger of improper motivation is of course ever present. A judge might impose a specially severe penalty solely because of a defendant's race, religion, or political views. He might impose a specially severe penalty because a defendant exercised his right to counsel, or insisted on a trial by jury, or even because the defendant refused to admit his guilt and insisted on any particular kind of trial. ”

“ Provided, That all persons may elect to sue for the penalties aforesaid, or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred: But this provision shall not apply to criminal proceedings, either under this act or the criminal law of any State: and provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. ”

“ And, even where rewards are proposed as well as punishments threatened, the obligation of the law seems chiefly to consist in the penalty: for rewards, in their nature, can only persuade and allure; nothing is compulsory but punishment. ”

“ The penalty for cursing or swearing by a servant, day laborer, soldier, or seaman is 1s. For others, it is 2s. The fine is doubled for the second offense, and tripled for the third offense. If an adult offender can't pay, he shall be put in the stocks for one hour. If a child offender can't pay, he shall be whipped by the constable or by a parent in the presence of the constable. ”

“ People who object to jury-service for the enforcement of a penal code which is against their conscience, are frequently excused without fine or penalty. The same allowance would probably be made to excuse any one opposed to capital punishment from assuming the office of hangman. ”

“ To that end, the determination whether a given civil sanction constitutes punishment in the relevant sense requires a particularized assessment of the penalty imposed and the purposes that the penalty may fairly be said to serve. Simply put, a civil as well as a criminal sanction constitutes punishment when the sanction as applied in the individual case serves the goals of punishment. ”

“ But a penalty not inflicted by the statute, but superadded by this unwarrantable proceeding of the government, is the defence of seventy-four successive cases, under which the wealthiest, the strongest, and the most innocent man must break down, and be swept to ruin. ”

“ In an action like the present, brought to recover that which is substantially a statutory penalty, the statute must receive a strict, that is, a literal construction. The defendant is not to be subjected to a penalty unless the words of the statute plainly impose it. ”

“ In place of cited wrongs—which, after all, are comparatively trivial matters, as being merely offences against another or in defiance of a local usage—substitute one really overwhelming crime for which the penalty is sharp and explicit. ”

“ CIVIL PENALTIES.—Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ”

“ Authorities other than those already referred to are not necessary to show that an information to recover a penalty created by statute must state all the material facts and circumstances which constitute the offence, so as to bring the party impleaded precisely within the provisions of the statute defining the offence ”

“ Penalty is used specifically for a sum of money recovered by virtue of a penal statute, or recoverable in a court of summary jurisdiction for infringement of a statute. A sum of money agreed upon to be paid in case of non performance of a condition in a bond or in breach of a contract or any stipulation of it IS also termed a penalty (see Damages) . ”

“ If a state adopts the policy of imposing heavier punishment for repeated offending, there is manifest propriety in guarding against the escape from this penalty of those whose previous conviction was not suitably made known to the court at the time of their trial. ”

“ Article XI. All authorities, whether political, military, or municipal, who have not acted in accordance with the provisions of the present law against those who are suspected of or recognized as being guilty of the offenses with which it deals, shall be liable to a fine of from fifty to one thousand piasters; and when the omission implies acquaintance with the guilty, the delinquent shall be brought before the court martial, who shall judge him and inflict a penalty in proportion to the offense. ”

“ Sec. 7. Penalties how to be recovered. And be it further enacted, That all and singular the penalties established by this act, shall and may be recovered in the name, and to the use of any person, who will inform and sue of the same, before any judge, justice, or court, having jurisdiction in such case, and to the amount of such penalty, respectively. ”

“ The usual offence is asserting that there are accusations and that he will save the accused from prosecution; for this he must refund the money received, appear in an auto and suffer two hundred lashes and five years of galley service. If the imposture is assumed only to escape from some trouble and causing no damage, there is some penalty of fine or exile; if there has been only an assertion of official position, the penalty is very light and secret. ”

“ All proceedings for summary conviction or for recovery of a penalty must be by way of complaint according to one of the forms in the schedule to the act of 1864. The English summons and warrant are represented in Scotland by the warrant of citation and the warrant of apprehension. Where no punishment is fixed for a statutory offence, the court cannot sentence to more than a fine of £5 or sixty days’ imprisonment, in addition to ordering caution to keep the peace. ”

“ Any violation of this section shall subject the person or persons guilty thereof to a penalty of one hundred dollars. (Sec. 3.)
Master Liable. The improper keeping of watch comes clearly under the head of negligence, or even misconduct, and the law governing this is of importance. The penalty, when death results from such negligence, misconduct, etc. is TEN THOUSAND DOLLARS FINE or IMPRISONMENT FOR TEN YEARS, OR BOTH.
The law is given below:
Death from negligence, misconduct, etc. ”

“ Aggravating circumstances which, in themselves, constitute a crime specially punishable by law, or which are included by the law in defining a crime and prescribing the penalty therefor, shall not be taken into account for the purpose of increasing the penalty. ”

“ The penalties affixed by the statute of Charles, on the contrary, assure the obedience of the courts and officers of justice, independent of all party influences which may happen to prevail in the nation, and secure personal liberty by pecuniary perils, suspended over the heads of men, whose situation in society is such as, in general, makes the attainment of the penalty certain, should it be incurred. ”

“ For instance, the penalty for trespass in pursuit of game in the daytime is a fine of two pounds with imprisonment in default, and if the offence be committed by a party of five or more the penalty is five pounds each with imprisonment in default. ”

“ Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. ”

“ See Furman, 408 U. S., at 311 (1972) (White, J., concurring) (executions could be so infrequently carried out that they “would cease to be a credible deterrent or measurably to contribute to any other end of punishment in the criminal justice system . . . when imposition of the penalty reaches a certain degree of infrequency, it would be very doubtful that any existing general need for retribution would be measurably satisfied”) . ”

“ Persons procuring false indictment for criminal offence. Penalty.Sect. 103. If any two or more persons shall conspire or agree, falsely or maliciously, to charge or indict, or cause or procure to be charged or indicted, any person for any criminal offence, each of the persons so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned not exceeding one year. ”

“ A penalty of £200 and the expenses of recovering the same might be imposed on persons sending any lunatic to a mad-house without a licence; persons convicted of receiving lunatics without a licence, or the required order, might be imprisoned in default of penalty; the sheriff on application of the Procurator Fiscal might commit dangerous lunatics ”