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24. March 1826.
Penal Code
Gen. Titles
Ch. Means of Repression XIIII Remedies
§§. Presence Banishment
Corporal insult. means of repression
1. presence banishment.
1
Presence banishment
what
By presence banishment understand
banishment of a wrong-doer from the presence
of another person, most commonly the person
wronged.
2
either 1 stationary
or 2 migratory
Presence banishment is either 1. 1. stationary,
or: 2. migratory.
3
Stationary where
delinquent is kept out
of a certain portion
of territory
It is stationary, when a certain
place, that is to say portion of territory
being marked out, the delinquent is
sentenced to abstain for a certain
length of time from entering within
that place.
4
Migratory where
on notice from wrongee
delinquent is kept out
of ant place at wrongees
option
It is changeable migratory when on notice power is
given to any person commonly from the
party wronged, by notice the wrongdoer
stands bound to absent himself as
before from a certain place, at the
option of the party wronged, he being
at the same time within that place.
5
Purpose humiliation
to wrongdoer in retribution
of humiliation imposed
by him on wrongee
The purpose of this means of repression
being to place the insulting wrongdoer, in
a state of humiliation, in retribution
for the humiliation in which he sought
to place the person insulted by him, and that to afford
satisfaction to the wrong: the fixation of time and place must
in every instance, be left to be made, from the circumstances
of the individual case.
Identifier: | JB/068/352/002 "JB/" can not be assigned to a declared number type with value 68.
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352 |
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002 |
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copy/fair copy sheet |
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recto |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22547 |
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