Bill of pains and penalties
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BILL OF PAINS AND PENALTIES. A special act of the legislature which inflicts
a punishment, less than death, upon persons supposed to be guilty of high
offences, Such as; treason and felony, without any conviction in the
ordinary course of judicial proceedings. 2 Wood. Law Lect. 625. It differs
from a bill of attainder in this, that the punishment inflicted by the
latter is death.
2. The Constitution of the United States Provides that "no bill of
attainder shall be passed." It has been judicially said by the supreme court
of the United States, that " a bill of attainder may affect the life of an
individual, or i-nay confiscate his property, or both." 6 Cranch, R. 138. in
the sense of the constitution, then, it seems that bills of attainder
include bills of pains and penalties. Story, Const. Sec. 1338. Vide
Attainder; Bills of Attainder.