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8
Division
in the harbouring of a wife who has eloped: for
if the detaining be against her consent, it is an
offence against her person, an act of wrongful confinement, in which case the injury
to the husband is swallow'd up as it were in
the greater injury done to the wife. To the offence
of Embezzlement there is nothing which in this case can
correspond
Neither by in the way of wrongful detainer nor by in that of embezzlement
could this sort of property be violated unless the it
law were now the custom as formerly legal as well as customary, were the law and the custom now as formerly it was among
the Greeks and Romans for one man to
consign over for a time this sort of property
to another. Suppose the adultery to be committed
in the under favour of a polygamy, as if the
adulterer were to pretend prevail on the wife to marry him on pretence of the husband, death, or
suppose it to be committed him to have effected
his purpose by personating the husband, in
either case it is analogous to defraudment.
Suppose them to be simply with-holden whether
by the fault of another person, a stranger or, by the fault
of the wife as in the case of elopement or
otherwise, by the fault of the wife, the offence is analogous to wrongful
destruction: in it's effects that is, though not in
the manner of its operation. The corporeal object
of the property, the woman herself is not indeed either destroy'd: or damaged but or
Identifier: | JB/072/107/004 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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107 |
division |
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004 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23724 |
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