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Penal Code
1830 Jany 23
Offences severally
Offences affectg person
Homicide
Cases in which, by
design and with
correspondent evil
consciousness or by pursuit
of what would otherwise
be a blameless profit-seeking
occupation
Death or disease are
liable to be produced
1. Unhealthy occupation
evil Ŧ
2. Dangerous occupation
military
+
3 Abode in unhealthy
climate & situation
☞ Enquire out the
several particularly
unhealthy trades
Example those in
which mercury in a
state of steam in employed.
4 Letter founding
has been said to be of this
description Qy from
what cause
Qy as to the head, if
so, painting will be of the
same tendency
+ Dangerous maritime
occupations
Ŧ Example British
India
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Mode of instrumentality
to the maleficent
result<p>1. In the case of
a minor — compulsion
by the guardian
2. In the case of
an adult from
whose death a person
has expectation —
persuasion
A. These occupation
if followed
at all but must be
f followed by persons
in numbers.
Absolutely interdicted they
cannot be at least it
would not be advisable
so to trench upon
personal liberty as
to interdict them.
Each individual
being a better judge
of his own welfare
than the government
can with reason
undertake to be. A
question then will
be a person by
whom a profit may
be known or naturally
supposed to be expected
from the death in
question is it reasonable
that he should
be interdicted from
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using the persuasion
in question
or saddled with
condition restrictive
of the right of using
them. For example
going with the person
in question before
the Judge that the
Judge may see whether
or not information is given
of the dangerousness
and the information
sufficiently accurate
& extensive. In the<p>In the case of
compulsion as above
this condition then
cannot surely be any
sufficient objection.
To provide for
this case in the
Guardian and
code might be on
enactment prescribing
this resort to the
Judge & giving a
list of dangerous
occupations and abodes
with a list of the
disorder of which they
are respectively apt
to be productive.
Qy whether the sort
of person to whom
the answer to the
questions concerning
---page break---
Unhealthiness may
with advantage be
referred.
<p>1. Physicians Medical
men — suppose the
colleges of Physicians
and surgeons no one
signing for the
whole but each for
himself
2. Qy the persons
who not being
medical men may
be expected to be but
qualified for looking
out for the trades in
question each making
report respecting all
such occupations as may
have presented themselves
to him in this
view
3 From a guardian
recommendation may
have the effect of
compulsion. Of the restriction
upon him what shall
be the instrument?
1. Shall it be the
divesting him of the
benefit therefrom
derived?
2 Shall it be in
addition be punishment
in any other and what
shape
Identifier: | JB/067/216/001 "JB/" can not be assigned to a declared number type with value 67.
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rudiments sheet (brouillon) |
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