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1825 Septr 1. Penal Code - Instructions on Rationale
Ch. III Offences affecting Person & Rep
§. 3. Challenging
Note
[Quarrel. All matters belonging to it brought to light
at once. Of the simplicity, straightforwardness and undilatoriness of the Procedure Code, the advantages are
in this instance eminently conspicuous. No reason
can be assigned why all the incidents belonging
to one and the same quarrel, should not be brought
to light at once, as well as all the items belonging to
one and the same account. In a course of years,
between the same two parties suppose half a dozen
instances on one side or other of corporal vexation,
as many instances of damage to property
open or secret, as many instances of alleged
wrong to reputation by defamation or vituperation
oral or written. Under a Code on the ordinary
plan, here might be a dozen and a half of separate
actions with their several masses of delay,
vexation and expence. A would have to receive
from B on account of one such action to pay
to B on another and so on. On this plan, so far
as regards pecuniary compensation, there would be
for all these wrongs no more than one balance to
be paid by one of the parties; then as to punishment
over and above and in lieu of pecuniary compensation,<lb/
it might be to be inflicted on either,
according as a wrong extending itself to the
public had or not accompanied any of these
private wrongs. So also as to self-humiliatory punishment
and presence banishment, supposing
on either side, for the satisfaction of the other,
the nature of the case or cases requires satisfaction
in any such extraordinary made
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