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1827 Feby 12th
Penal Code
Ch. III. Division of offences
§. Offences simple & complex
1.
Offences complex in
two different ways –
1. In respect of the number
of co-offenders.
2. In respect of the number
of vulnerable parties parts
affected.
2.
Riot, an offence more
or less complex in
both ways.
3.
Quarrel an assemblage
of offences, connected
by this, that, for
its termination, the
cognizance taken by the
Judge and satisfaction
given by the party by
whom it shall be due
may suffice.
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Ch. III. Division of offences.
§. Uses of this discussion
1.
Of this analysis, the end
in view is the exhibiting
in an all-comprehensive
view, the nature and effects
of each offence upon
the happiness of the
community.
2.
To the body politic, this
is what nosology is to
the body natural. This
connection of physical
and moral science, advantageous
to both, particularly
to moral.
3.
Down to the year 1802
the field of legislation
a chaos, requiring a Hercules
to dispel it – in default
of that Hercules,
a mortas hand attempted
it.
4.
For this operation, two
instruments necessary –
Nomenclature and classification.
5.
These instruments, tho'
nearly allied, are not exactly
the same. Example,
where opinions are divided
into self regarding,
and exra-regarding, and
the extra-regarding into
private, semi-public,
and public.
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Ch. III. Division of offences
§.
1.
Chiefly suppressible
are chronical offences –
also such as required,
for consummation,
two sorts of acts.
2.
To negative offences
belongs the non-reddition
of law-executing
service.
3.
The keeping on foot
an erection operating
as a nuisance is a
chronical offence in
a consummate state,
which, if the danger
could then be ascertained,
commenced by the
laying the first stone.
Identifier: | JB/064/005/001 "JB/" can not be assigned to a declared number type with value 64.
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Ch. III Division of offences |
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