JB/067/106/001

Click Here To Edit

1828 May 2d
Law Amendments or Penal Code

Pecuniary circumstances equal, (and in

case of inequality provision is made for the principles
applying to that subject),= + see the question respecting
antiquation turns altogether upon the existence
and quantity of the pain of disappointment.
On one side or the other, disappointment
can not but fall. Consider that which, but for
the antiquation would be the compensation money,
and suppose it lying on the table, but capable of
being disposed of in any proportion in favor of
either. Now then, whatsoever the wrongee obtained
of it, the wrongor looses: whatsoever the wrongor obtains
of it, the wrongee looses. But the wrongee why
should he lose any thing part? the wrongor, why should
he gain any thing? why should he save any part
of the stake? Whatsoever part was made to rest
on the wrongor has this good effect – that, suppose
any demand for punishment has place in the individual
case in question, here, to the amount of
the value of the loss, supply is afforded to this demand.
On the other hand, suppose the loss to fall
upon the wrongee, forasmuch as, on the side of the
wrongee, considered as such, all demand for punishment
is incompatible with the nature of the case,
here it is plain no use of it for the loss, no good
effect of it in the character of punishment can

have place.

Here then, if any ground can be found
for preserving wrongor from the burthen of any compensation
that would be afforded if no antiquation
had place, it must be on this ground: fiz. that
while the expectation of retaining it remained on
the part of the wrongor in full force,and if there
were any difference would be every day receiving increase,
the expectation of acquiring it may perhaps, on
the part of the wrongee, have died away. But this
state of things will be different in each individual
case, & therefore
can not with propriety
be provided
for by any general rule.

Identifier: | JB/067/106/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-05-02	Marginal Summary Numbering
Box	067	Main Headings	law amendment; penal code
Folio number	106	Info in main headings field	law amendment or penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	21939
Box Contents