JB/068/341/002

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13 April 1826 Penal Code B. I General Titles
Ch 13 Means of Repression Remedies
§. Satisfaction English Practice
11
3 Vindicative none

Judge

3. Vindicative. Qual. Anything on this
head. As Attestative in every shape,
which, as above stated is no but a mode
of it, to wit the indicative indicative

12
Restitution is almost
every case refused 13
No satisfaction but
pecuniary damages

4 Restitutive. In English practice
satisfaction in this shape is in almost every
case if not in every case utterly refused. In
In the species of suit called a civil action,
being that in which the jury forms a constituent
part of the judicature, in no shape
is satisfaction ever given, but in the pecuniary
shape: that shape in which the characteristic
word of the expression, by which it
is given, is the word damages. Here then

14
By this means
option given to
wrong doer to
cease the wrong doing
or to pay the price
of the license for
continuing

Here then in every case is the option
given to the wrong doer, whether he will
cease giving continuance to the wrong
or pay the price of the license offered him
for he continuance of it. It is therefore to the convicted wrong doer in
every case, a matter of calculation. True
it is that before the function of calculation
is assigned to him, it has in relation
to his case been performed by the jury.
But by the jury, no such means nor any such
marking for correctness in the calculation have
been possessed in any case, as in every
case are sure to have been possessed by the
party concerned, the wrong doer. In every
case in which a secret benefit from the continuance of the
wrong is known only by himself, the jury have no knowledge of it, and
their calculation is by the whole value of it [...] to be erroneous. One of two either the penalty damage will in appearance be [...] or the offender will reap a real profit from his offence.

Identifier: | JB/068/341/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-04-13	Marginal Summary Numbering	11-14
Box	068	Main Headings	penal code
Folio number	341	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22536
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