JB/026/063/001

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Introd
Code Offences against Reputation Supplemental Chapter

1.
Object of the malice
no matter whether the
party defamed or a
person or class connected
with him. p.2

Partys sought to be
benefited by the defamation,
no matter whether the
defamer or a person or
a class connected with
him. p.2 —

2.

2.
Form of submission
or self humiliation
proposed. p.3

3
Judge to exhort Deft
to confess his consciousness
of the groundlessness of
the imputation as
being the best & only
compleat atonement.
p.3

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Definition

1. To many sorts of
acts, moral the only
sanction applicable.
p.3
2. Religious not so
generally impressive
3 — Cases in which the
moral is more particularly
needful
I Act not mischievous
enough for legal punishment
unless by
repetitions
II. Description too vague —
circumstances the concurrence
of which is
necessary to crimination
too numerous to be
proved.
III No sufficient punishment
proceeded
IV Law rendered inconceivable
by exclusion
put upon evidence
or other difficulties of
procedure —
V Prosecution prevented
by death or other
physical
2 by
VI. — by psychological
as shame compassion
&c —
VII by expence of suit
VIII. Deft exempted by
power or popularity

4 moral sanction is
necessary as a supplemental
to legal —

5 and as a check —

6 and as an aid —
Ex. gr. Defamation being
spread — defamatus
thinking it appropriate
prosecutes defamator
who thereupon proves
it. p.5

7. Thus revenge does
the service of reward
without the expence.

8 Foolish to trust to a
rarely prevalent motive —
viz. public spirit —
to the exclusion of a
universally prevalent
do viz revenge.
p.7

9. This encourages men
to distrust one another's
peace —
Answer — No otherwise
than as execution of
the law does, & by
means the same or
milder p.5

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Definition

1.
In case of special
damage small determinate
items may
be received as presumptions
of a greater mass —
Ex.gr. Loss of A & B
as customers, presumptive
of loss of more.
p.11 —

2.
State particulars, of
any special damage in
the instrument of
demand viz —
1. Person alienated
2. Time of damage —
3. Place of do if
& ascertainable.
4. Event productive of
damage —
5. Of three persons
stated as alienated
proof of one sufficient

3
On non-fulfilment
if any of the above
conditions of Defts' means
of defence be materially
then & not
otherwise
Post paying Costs —
p 12

Identifier: | JB/026/063/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1		Marginal Summary Numbering	1-3, 1-3
Box	026	Main Headings	law amendment
Folio number	063	Info in main headings field	introd code offences against reputation supplemental
Image	001	Titles	definition
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	8796
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