JB/072/156/001

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5) Pers:l Inj:s Strictures

Assault. Assault in an arrest. Every act that is done in for the
purpose of overcoming resistance, is here deemed an act
of more more than the assault, an act that carries with
it more violence than the assault does. In short
in the first of these cases an act that is no more doing no more
than what is necessary to overcome resistance is represented not an
Assault as not being an Assault: in the second case it is one. it is represented
as being one.

In the first case the Judges for reasons best known
to themsleves were for making a man attorney at any rate
doing molliter manus imposuit write a parcel of Latin words purporting that his
Client had gently put laid his hands on the Prosecutor,
although it was no such thing. What the
Deft did do there was no dispute about: The question
was what he ought to have said he did: and the determination
of the Judges was to punish him for not
having said he did what that which doing what he it he really did and and what was admitted
he might do, he never could have done. The case was appears
to have been that the Deft laid hold of a moveable belonging to the Plft
in order to carry it off, or enter'd into upon his Land or House
in order to keep possession. It is no matter which. We
will say he enter'd upon the House. He behaved
himself in such manner as shew'd he would not quit
the house if he could help it: this brought on a struggle
the particulars of which do not appear: but the event
was he was turned out by force. "A man", it is here
said "can not justify an assault" in defence of his possession.
The utmost he can he can only justify is the laying his hands
gently If gently means anything, it means without force "softly" on the man person who invades it. Allow This
this being the case, all the defence a man is allowed to make of his possession and the consequence is that a man cannot justify
any defence of his possession at all is such a defence as can

Identifier: | JB/072/156/001 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	156	Info in main headings field	pers:l inj:s - strictures
Image	001	Titles	assault
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e5 / e6 / e7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23773
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