JB/016/117/001

Click Here To Edit

1827. Septr. 18
Penal Constitutional Code

III Remedies
Ch. Challenging &
§.

17
Presence banishment

Hereafter cases to presence banishment: presence banishment in
its double application. Applied to the offence of challenging, presence
banishment of the challenger and his abetters from the presence of the challengee.
Applied to the offence of homicide by a dual fought in
consequence of the challenge — presence banishment from the of the offender
and his abetters from the presence of the slayee.

☞ Go on here to speak of two different species of Challenges, and
the different degree of mischievousness of the several offences.

The spread of the mischief for want of Challenging and Duelling
the mischief and impossible under technical procedure.

Morn. Chron 17 Sept 1827

Bow Street On Saturday Captain Archibald Smith of the
59th Regiment was brought before Ph. Halls Esq. on a peace
warrant charged by General Barry with having used certain expressions
with the intent to provoke the General to fight a duel — Captn
Smith when asked what answer he had to make to the charge
said he conceived that the General intended to offer him an
affront and he felt himself bound to resent it. He however
merely said that they must meet he had sent no challenge
to the General. Mr Halls — I put it to you as a man of
honor whether by the expression 'we must meet' you
did not mean that the General must fight you. Captain
Smith, after hesitating for some time said that certainly
that was the usual interpretation.

Meantime

Identifier: | JB/016/117/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1827-09-17	Marginal Summary Numbering	17
Box	016	Main Headings	penal code
Folio number	117	Info in main headings field	penal code
Image	001	Titles	morn chron 17 sept 1827
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / e5
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections	george bentham	Paper Produced in Year
Notes public		ID Number	5924
Box Contents