JB/067/275/001

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1826. May 10.
Penal Code +
Extenuations
B.1. Several Titles
Ch. 11 Offences affecting person
§. Extenuations 1
In the course taken
by judges for termination
of a quarrel no
account taken of
anterior wrongs

1. Retribution for anterior wrongs. It has been
observed already, that when a demand on the score
of wrong to persons is made, occasion ought to be taken,
if it appears that a quarrel has had place
between the parties involving repeated wrongs, at
different times on one side or on both, a course
should be taken by the judge for learning the particulars
for the purpose of terminating it.

On the course hitherto generally pursued,
by the judicatures of all countries, no cognizance
is taken of wrongs more than one at the same time.
Hence arise two evils.

2
Evils of this course
1 By being the first
to complain the greatest
wrongdoer may alone
obtain satisfaction

1. By taking care to be the first to complain,
the party by whom severest afflictions
have been produced obtains satisfaction vindictive
or compensative, while he the wrongs of him who has suffered most
remain unredressed.

3
Objective justice is
equally open to the
other party

Not so it may be said for to the like demand
on his part the judicature remains open, as well as
to the demand against which he was defendant.

4
Answer his exhaustion
is such
that he cannot recommence
the proceeding

Answer. Good in theory; but in practice
suffered faculty amounts in general to nothing
such as the exhaustion which the defendant has
experienced, he has neither money nor stomach sufficient
for commencing the same track at the opposite
end.

Identifier: | JB/067/275/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-10	Marginal Summary Numbering	1-4
Box	067	Main Headings	penal code
Folio number	275	Info in main headings field	penal code
Image	001	Titles	extenuations
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22108
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