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24 March 1826
Penal Code
Gen Titles
Ch. XIII Means of Repression Remedies
§§. Presence banishment
6
Particular mode of
presence banishment to be
determined by the Judge after
having elicited the view
taken by of the matter by
the wrongee, & the delinquent's
objections
as in all cases, it will be the care of
the judge that no wrongdoer shall upon
balance of the account, reaps any profit from
the wrong, so, in this case for by this code,
the judge has full power for this purpose,
so in this case, it will be his care that
from first to last, the insulter shall reap
no triumph from his insolence. For determining
the duration, place, and other
conditions of the banishment, the judge,
for estimating will enquire of the party
wronged, in the first instance, what
are the modes and conditions of the
proposed banishment, that in his view of
the matter will afford him adequate satisfaction.
He will then, learn from
the wrongdoer, what the inconvenience
whether he consents to the description
of the satisfaction so proposed:— if not,
he will receive from him a statement
of the inconveniences to which, the mode
proposed would subject him. and after
thus hearing the evidence of the parties,
together with such other evidence if
any, as the case appears to require, he
will draw up a statement of the such mode of
presence banishment as the circumstances of
the individual case appear to him to require.
Identifier: | JB/068/353/002 "JB/" can not be assigned to a declared number type with value 68.
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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