★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Penal Code
Ch III Offences - Perm
§ 3 Challenging
1
In almost all duels love
of reputation a motive
3. In a direct or indirect way, this is always the motive
if not the sole motive, a motive, in the case of homicide
produced by duelling in consequence of a challenge. In the
case of a sudden affray it may be produced by pure antipathy
without regard to reputation. But in the case of
duelling in consequence of a challenge, regard of for reputation
hasalmost always place on the part of the challenger or challengee
or both.
Not always: one motive
for challenger
being the obtainment
of the opportunity of
trying to kill or wound
the adversary.
2
Demand for compensative
& punishment
influenced by a variety
of circumstances
The demand for compensation and punishment will
be influenced by a variety of circumstances on the part of
both parties: all which must accordingly be carefully collected
and brought to view.
3
Challenge what
By a challenge understand an invitation given to
by the challenger to the challengee to consent to a contest
upon equal terms, or other terms agreed upon : a contest
in which the object of each is to produce on the spot
on the part of the other some corporal damage : in the present
case loss of life : to wit by a set of means agreed
upon, of the use of which, that result will be exclusively
or indiscriminately intentional effect.
2.
Challenge 1 exclusively
intentional 2 indiscriminately
intentional
The caseAn example, where it is exclusively intentional effect
is that where if an in any shape corporal harm be produced
it will be in this.
The case where it is the indiscriminately intentional
effect is that where either death, or wound or bruise alone
without death, may be the effect. This latter is the more
common case: Whether the arms employed be fire arms or cutting arms.
Identifier: | JB/016/012/001 "JB/" can not be assigned to a declared number type with value 16.
|
|||
---|---|---|---|
1-4 |
|||
016 |
penal code |
||
012 |
penal code |
||
001 |
|||
copy/fair copy sheet |
1 |
||
recto |
e6 |
||
john flowerdew colls; richard doane |
|||
5819 |
|||