★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
---page break---
C 17 11
Offences against Reputation
4. He may be fined
5. He may be punished with imprisonment simple
or more or less afflictive.
Excuse
Probable reason what The degree probability of the reason which a man
must ought to have to excuse him his being concern
instrumental in propagating spreading a defamatory report
which turn the truth of which he can not prove
is in proportion to the degree of confidence
with which he delivers himself. The probability
of the thing in itself, or his having heard it asserted
as a fact by a person of credit, even tho'
that person did not mention it as a thing he knew
of his own knowlege or even his having heard a
person of credit express a belief persuasion or a
faint belief of the truth of it may be an excuse
for expressing a suspicion of it with proper proportionable
diffidence. But the diffidence must be apparently
sincere: for if it be criminal it implies one
affords a presumption of malice and may be equivalent
to the strongest expression of confidence.
Excuse — Hearsay. If upon a man, being prosecuted for being instrumental
in spreading a defamatory report it appears that
he had it from upon the spread grounded himself he took it upon the credit
of some other person, but that he for has forgott
can not recollect who that other person was
and that he did not knowingly enhance upon
the degree of confidence with which he supposed conceived it
to have been be averred by that other person he shall
stand excused upon asking pardon of the party defamed.
---page break---
Identifier: | JB/072/027/001 "JB/" can not be assigned to a declared number type with value 72.
|
|||
---|---|---|---|
1-2 |
|||
072 |
penal code |
||
027 |
offences against reputation |
||
001 |
excuse / instructions to the judge / reasons |
||
text sheet |
2 |
||
recto |
d17 / f11 / d18 / f12 |
||
jeremy bentham |
[[watermarks::gr [crown motif]]] |
||
23644 |
|||