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4) Pers:l Inj:s Impris:t
It comprehends Kidnapping. The distance consider'd as necessary to constitute bring the
transference under the name of kidnapping, is measured
by the strength of the apparent natural power of the loco-motive the party
appears to have of changing from place to place.
An Infant is said to be kidnapped when carried perhaps but
to a few miles distance from out of the reach of those who have the charge
of him. A man is hardly said to be kidnapped
unless he be carried out of the Kingdom or
Commonwealth; or at least into some part of it that
is bounded from the rest by Seas.
The word Kidnapping therefore includes under certain
circumstances the exclusion of a person from a place
which he has a mind to be in: under certain circumstances,
not under all circumstances. The place
he is excluded from if he be an adult must be a place of large extent: in the
Kingdom, or a part of it bounded from the rest by Seas.
and that not by any obstacle applied to the spot from
whence he is excluded.
Besides it marks rather the course of action by
which the party was brought into the obnoxious situation
than the keeping him in such a situation.
His being kept in that situation, if his remaining
in it be not the necessary consequence
of his being brought into it, is what it requires an
offence of another denomination to effect. It requires
an offence of the kind of that commonly known signified by
the name Imprisonment.
Thus it It is here as it is in so many other occasions,
the terms invented by the people at large, still more
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Identifier: | JB/072/142/004 "JB/" can not be assigned to a declared number type with value 72.
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not numbered |
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072 |
penal code |
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142 |
persl injuries personal restraint |
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004 |
imprisonment defined |
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text sheet |
4 |
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recto |
e1 / e2 / e3 / e4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23759 |
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