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JB/064/096/001

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1810. Septr.
Penal Code.Ch. Offences
§. Wrongful aspersion.

1.
In wrongful aspersion,
6 persons whose
interests seem to be
at stake: viz.
1. Aspersee.
2. Aspersee's representatives.
3. Printer or Conductor.
4. Printer or Conductor's representative.
5. Communicator.
6. Communicator's Representative.

2.
Modification of wh.
the seat of blame is
susceptible.
1. Aspersee blameless,
then in general communicator
blameable. 2. Aspersee blameable,
in which case communicator
commonly
blameless.

3.
1. Aspersee blameless,
order of favor as
amongst those six –
1. Aspersee.
2. Aspersee's representative.
3. Printer's representative.
4. Communicators representative.
5. Printer
6. Communicator


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4.
II. Aspersee blameable –
1. Communicator.
2. Printer.
3. Communicator's representative
4. Printers do.
5. Aspersee's do.
6. Aspersee.

5.
Principal antagonizing
interests –
1. Public as to disclosure
of misconduct. 2. Aspersee as to his
reputation.

6.
The interest entitled
to preference, the
public's.

7.
Concedition, if interest
pecuniary and
amount the same,
that of the individual
preferable. Loss
to the public falling
lightly, being more divided.

8.
But public loss for
want of aspersions
where just, unlimitable.

9.
Still greater the proportions
when mischief
of 2d. order taken
into account.

10.
To aspersees, effect
of evil of 2d. order taken
at it's maximum
is want of protection
against aspersion
of public men.


---page break---

11.
To public effect of
do. is universal
impunity of public
men.

12.
Mischief to the public
not only greater,
but more probable.

13.
Concedition ill will
a desire of supplantation
may have
place, but, their coming
on the carpet
is but casual.

14.
Defamation what.

15.
Defamation blameable
or blameless.

16.
Evil consciousness
where.

17.
Rashness, where.

18.
Exceptions excepted,
no punishment for
libels on functionaries.

19.
So for disapprobation
of on imputation
on government.

20.
Q.1. Imputation groundless,
why this liberty
permitted?

Ans. 1. Short of this is
wd. be nothing. Juries
apart, such the connection
between
the supreme Judicial
power that
imputation grounded,
punishment morally
certain.


Identifier: | JB/064/096/001
"JB/" can not be assigned to a declared number type with value 64.

Date_1

1810-09

Marginal Summary Numbering

1-21

Box

064

Main Headings

Penal Code

Folio number

096

Info in main headings field

Penal Code

Image

001

Titles

Category

Marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

Watermarks

B&M 1828

Marginals

Paper Producer

Arthur Moore; Richard Doane

Corrections

Paper Produced in Year

1828

Notes public

ID Number

20450

Box Contents

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