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1825 Feb. 2 June
Penal CodeGeneral Titles
Ch. 13 Means of RepressionXIII Remedies
§. Presence Banished banishment
Ch. or § Presence banishment – its nature and uses and
mode of application.
Art. 1. In regard to satisfaction Except in so far as movement is excessive, by whomsoever
wrong has been sustained suffered done, satisfaction compensation should be
afforded.
Art. 2. In regard to satisfaction and punishment taken together, if in any
instance the burthen attached to the affording satisfaction
and suffering punishment taken together is outweighed by
the profit of the offence, the law by which that same
burthen is attached operates as a licence, authorizing
the commission of the offence.
Art. 3. Presence banishment affords a means
of suffer and that the only means, of affording satisfaction,
and that in many cases and such as in many instances will prove adequate, in divers cases
to a considerable extent, in which by other means either no
satisfaction at all or no adequate satisfaction could
be afforded.
Art. 4. Presence-banishment affords a means
and that a sure one, of taking away altogether the profit
of the offence and substituting loss to an adequate degree
and even to a degree made more than adequate to
the profit of the offence – in cases – of an highly important
nature, and to a very considerable extent –
in which under all laws as yet in existence
a person who will be content to subject himself to a
certain risk for the purchase of it, may to a certainty
possess himself of the profit sought by his offence.
Identifier: | JB/068/350/002 "JB/" can not be assigned to a declared number type with value 68.
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