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1828. Jany. 7.
Law Amendment or Penal Code Duelling extinguishablePropositions
Ch. II. Compensation, or
Ch. III. Remedies
Duelling
Enactments.
1.
Distinctions with
a view to punishment.
Lethiferous design
1. Exclusively so.
2. Disjunctively so.
2.
Corporal vexation –
1. Curable.
2. Incurable.
3.
Incurable modes –
1. Morbification incurable.
2. Disfigurement.
3. Disablement.
4. Mutilation.
4.
Challenge
1. Lethiferous
2. Non-lethiferous
5.
In lethiferous challenges
distinction as to decree.
6.
Design exclusively
lethiferous. Examples –
1. Succession-craving
Duellist.
2. Rancorous blood-thirsty
do.
7.
Design not exclusively
lethiferous, examples
the several other species
of duellists.
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1.
Challenging – Duelling
Homicide in consequence
of duelling –
concatenated offences.
2.
Complicatedness of
these disorders, and
failure of all remedies
under existing system.
3.
In these pages, brought
to view –
1. the nature and magnitude
of the offence
2. the method of combating
them
3. the imperfections
of the law the root
of the evil.
4.
As to nature and
magnitude of the
offence, erroneous
conceptions generally
entertained.
5.
First thing to be
shown, the cause of
the challenge.
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1.
For preventive and
suppressive applications,
Justice Chamber
to be at all times
open.
2.
Informant either
Challengee or any
other individual.
3.
Judge to elicit from
informant –
1. the matter for communication-securing
documents.
2. Whatever evidence
he can furnish;
and then determine
on acception or dismissal
of application.
4.
In cases of dismissal
to determine whether
the application
be blameless or blameworthy.
5.
In cases of retention
applicant and government
advocates
constituted joint pursuer
supposed Challenger
constituted Defendant.
6.
Judge to decide whether
any supposed accomplices.
Of co-delinquency modes –
1. positive accomplices
2. Negative accomplices
by non-information.
8.
Judges then to determine
on means for securing
Defendant's forthcomingness.
9.
So as to accessory delinquents.
10.
So as to supposed
Evidence holders.
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1.
Customary arguments
in favour of duelling:
they do not preponderate.
2
Bavarian Court
Good perhaps there:
not so here & now.
3.
Under the French
Judicial System, the
here proposed arrangements
might, with considerable
effect be employed
without need of
a judicatory on purpose.
4.
Under the original
Court, so odious had all
these functionaries
rendered themselves
that to step from under
the odium, it was
thought good policy to
change the
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Identifier: | JB/064/074/001 "JB/" can not be assigned to a declared number type with value 64.
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1828-01-07 |
1-7, 1-5, 1-10, 1-4 |
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064 |
Law Amendment; Penal Code |
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074 |
Law Amendment or Penal Code Duelling extinguishable |
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001 |
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Marginal summary sheet |
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recto |
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20428 |
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