(246) Lawyers of the day classified such statutes as "penal." (247) But they did not mean that the mulcts authorized by these statutes could be recovered only through criminal prosecutions.
By the mid-nineteenth century, both legislatures and courts were using the term "civil penalties" as shorthand for such mulcts. (257) Likewise, courts emphasized that proceedings to recover these penalties were "penal" but not "criminal." (258) Admittedly, there were certain respects in which courts treated penal statutes like criminal statutes.
21, at 138 (Alexander Hamilton) (Clinton Rossiter ed., 1961) (explaining that the United States in Congress operated solely through the states and had "no power to exact obedience, or punish disobedience to their resolutions, either by pecuniary mulcts
, by a suspension or divestiture of privileges, or by any other constitutional means").
(37) In practice, however, this legal regulatory framework has become entangled with informal (hut publicly well known) arrangements involving "mulcts
A few appointments with plastic surgeons can easily be incorporated into such a vast amount of expenditure if one is the sort of person who mulcts
money meant for one purpose to defray the costs of another completely different activity.
(50.) See, e.g., 4 BLACKSTONE, supra note 19, at 278-80 (discussing summary proceedings before justices of the peace for "divers petty pecuniary mulcts
[fines], and corporal penalties....