JB/064/013/001

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1827 Octr 11.
Penal Code

Ch. III. Division of Offences
§.

1
Offences should be
distinguished only
with a view to remedies
preventive as
well as curative.

2.
Example – self regarding
offences: these
stand excluded – at
any rate no demand
for satisfaction – no
danger, no alarm.

3.
Offences simple and
complex the 1st division
to prevent confusion.

4.
An offence may be complex
1. by affecting a person in different ways.
2. by affecting different persons.

5.
Offences transitory and
continuous – distinguished
on account
of a difference in their
remedies.

6.
Continuous require
suppressive remedies
to transitory, no suppressive
remedy is
applicable.

7.
Continuous offences
sub-distinguished on
account of modifications
in the appropriate
suppressive remedies.

8.
Case 1. The act itself
continuing for a length
of time in exercise.

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Ch. III. Division of Offences
§.

9.
By a single individual
a positive physical
act can not be
continued but for a
very limited length
of time – but it may
by means of animate
or inanimate instruments.

10.
Proportionate to the continuance
of the production
of evil will
be the evil of the first
order, and thence of the
2d. order.

11.
Case 2. The offence an
act, though transitory,
if singly taken is continuous
by repetition.

12.
Example corporal
vexation – blows repeated
day after day.

13.
The evil proportioned
to the magnitude of the
suffering, multiplied
by the number of repetitions.

14.
The offence is continuous,
by a fiction
of speech, so also is
the appropriate remedy
suppressive.

15.
Case 3. Offence terminate,
but on intention
of repetition.

16.
Evil of the 2d. order
not limited to the image
of the evil undergone,
but determined
by the preparation
for repetition.

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Ch. III. Division of Offences
§.

17.
Remedy suppressive
as in the other cases.

18.
Offences continuous
from the occasion
being such as to
give means and
thereby motives for
production of evil
in divers shapes.

19.
Example. On the occasion
of the same
angry proceeding,
damage done to person,
to property, to
reputation.

20.
Evil of the 2d. order dependent
upon the
state of the mind.

Case 6. Instrument
of evil inanimate
durable & continuing.

22.
Remedy obviously
suppression.

23.
Examples.
1. Works productive
of calamity.
2. Works producing
corporal vexation
by excess or deficiency
of water, light,
shade &c.
3. Works noxious to
the health or to the
senses.

24.

Identifier: | JB/064/013/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-10-11	Marginal Summary Numbering	1-23
Box	064	Main Headings	Penal Code
Folio number	013	Info in main headings field	Penal Code
Image	001	Titles	Ch. III Division of offences
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D1
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	20367
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