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HOMICIDE per infortunium — reparation 2 a particular species.
a clear one, for which no sacrifice is made: the manoeuvre consists in nothing
but the transference of a portion of happiness from one hand subject to another.
It is true that [is not to be expected] this expedient should be cannot be rigorously and
efficacious to put a stop to the evil: but neither can it be denied but
it must naturally do so in a considerable degree: it must do so as much as
the nature of things will admitt: and more than any other that could be
substituted in the it's room. But why cannot there be a regulation made obliging every Drover to cut off even with the Head the Horns of Oxen, before they bring them to Town under the penalty of 40' for example for each Ox uncut to be recover'd before a Justice of peace on account of the notoriety Duplicity of the Fact which admitts not of any contrariety of Evidence — Qu. whether the Horn will lose of it's value by this means. The Beast will be ne'er the worse, when all are alike defenceless: & this country has no wild Beasts. Limits with the 3 mile stone in any public road, or in any paved Street in London. of its.
Now as to the Driver himself: the person and the only person, who to use
the popular expression can be said to be in fault. I believe it is never from passive negligence that an accident of this sort happens but without from action cruelty. As he has nothing or
next to nothing but his labor, it is plain nothing in the way of reparation
can be expected from him: the Master must perform that alone — But
he too must be particularly interested made to have a particular interest in his own carefulness, more than what the
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bare influence and authority of his Master could produce be sufficient to create, since otherwise upon an
disagroement he might expose him to this loss and then quit his Service. If the Owner of the Beast is not the Master of the Drover? and is to prevent collusion?
A Corporal chastisement therefore must be the penalty to be holden up to him.
Let therefore an Action upon the case + + The case seems so simple as that it may be submitted to the cognizance of a Justice of Peace for expedition & facility. be given to the next Exor or
of the deceased against the Drover and his Master jointly — Let the Verdict
of the Jury comprize the number of Pounds that which the one is to pay, and the number
of Lashes which the other is to receive The Damages recover' to be applied in a course of Administration. Qu. whether a fine certain would not be best? — let it be a rule an instruction to the Judge not to
suffer the Counsel to frustrate the purposes of the Law by expatiating on
the general hardship of the upon Master's case: case but to confine himself to the
particular circumstances of the event: case
Those circumstances will be — in regard to the Drover, the greater or less
degree of negligence or cruelty in his behaviour in regard to the Master;
his circumstances fortune on the one hand and those of the family of the deceased on the other. The
Damages ascertained by the Law not to fall short of a sum certain — (for instance
£20) at the least, Like Action to be given to a Man if only hurt. that the Relation party concerned may not be deterred from prosecuting
HOMICIDE per infortunium — by Oxen [BR][2]
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Identifier: | JB/096/202/001 "JB/" can not be assigned to a declared number type with value 96.
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homicide per infortunium by oxen |
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jeremy bentham |
[[watermarks::[gr with crown] [britannia with shield motif]]] |
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