JB/068/323/001

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1826. July 26
Penal Code Ch. XII. Remedies
§. Compliance Satisfaction

all these Examples
saved by non-restitution

Restitution – Restitution is either 1. in substance or say identical restitution or 2. restitution
in respect of quality and value or say equivalential or say substitutional or quasi restitution: in substance as where
a house, a horse, a piece of furniture having been wrongfully taken by the
wronger is by decree of a Judge restored to the wrongee.

Not frequently does it happen that restitution in substance
is also restitution in value. It may fail of being so
from either of two causes: from deterioration in substance
by partial gradual use or consumption or 2. from the change which
a thing always unchanged in quantity may by the
of the market be subjected to in respect of value in exiting.
For the example of the causes of deterioration see Constitutional
Code Ch. IX. §. 7. Statutory function

A case which will happen is that
where in the interval between the loss of poss dispossession and restitution
the thing subject matter taken instead of by
in value. In this case shall it so restored, and if restored
upon what condition.

1. Shall it be restored? Answer. This will depend upon
several circumstances.

1. Upon the state of the wrongers mind in respect of sincerity

2. Upon the difference in point of value between the anterior state
of the thing and the posterior consequent

3. Upon the particular value of it to the wrongee in the particular circumstance
in which he stood at the two periods points of time respectively

4. Upon its being of a nature to possess and accordingly possessing or not possessing a pretence in
the breast of the wrongee.

Upon the wrongers having or not having expended capital
upon the improvement of it.

If if be the wronger was at the time of taking in a club of
evil consciousness and be his money expended capital on the
improvement, and it is not of a nature to possess a pretence affection it will be for the Judge to determine whether restitution
or no shall be made or not, and in both cases upon
what terms.

The turn of the scale should be rather in favour of the wrongee: thence
in disfavour of the wronger. For of the wrongee it is certain that
he was not in a state of evil consciousness is matter of certainty: of the wronger it
will frequently be matter of doubt.
Applied to the wrongee the suffering
can not by possibility be of any
use in the way of contributing
to prevention in future: applied to the wronger it may: and in so far as the punishment is believed to have been done, it will.

Identifier: | JB/068/323/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-26	Marginal Summary Numbering	8-11
Box	068	Main Headings	penal code
Folio number	323	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22518
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