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2
Ch. Remedies to Challenging and Duelling
Homicide
(2 §. to Challenge Homicide
by Duelling
4
Offence Challenging
Remedy Prehension
1 Remedy the first. Subject Offence to which it is applied,
Challenging. Remedy prehension. Persons to whom it is applied
1. The Challenger or person suspected of being such. 2. Perbe
any person exercised in 1 penning it. advising the penning or
sending it. 3. the bearer or bearers of it knowing or having reason to suspect it to be such 4. The parties to
whom it is addressed or for whom it is designed: 2. Any person
concerned in the receipt of it, knowing it or having reason to suspect
it to be such or in the transmission of it, in the event of
their neglect in not giving information of it to the Judicatory
instead of transmitting it.
Note the case where the person who is to fight is different
from the person by whom or in whose name the challenge is sent
5
Motive of the
Challenge by which
the species of duellists
distinguished — This
cannot be ascertained
till examination of
parties has taken
place
As to the Motive of the Challenge, by which circumstance
the Duellists are distinguished into their several species, this can
not be ascertained till the examination has been taken of the some
one or more of the parties above distinguished, the Challenger
b more especially if prehended. But the from the operation of
the security for obtainment of the information, no one of the several par
Co offenders above mentioned need be or ought to be accused
6
In the list of co offenders
advantage of including
all those on whom
in case of death
the burthen of
compensation would
fall.
For discovery of the Motive or Motives by which the
One in use in the evidence to include is the list of Co offenders
prosecuted is the advantage of subjecting them including
the whole list of them in the list of those on whom in case
of death the burthen of compensation to the profit an profit say the of the relatives
of the deceased is imposed: and supposing that, regard being
had to their respective pecuniary circumstances the burthen is not
desired to be short of what is requisite adequate to the purpose of
subsequentally preventive punishment, the amount of the difference
may be imposed in the name of punishment, and transferred
to the Helpless Litigants fund.
☞ Go on to speak of mode of ascertaining the Motive: as per
Rudiments at top of p.1.
Identifier: | JB/016/097/001 "JB/" can not be assigned to a declared number type with value 16.
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