JB/096/204/001

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1 HOMICIDE Casual — by Water — [BR][4] 2

HOMICIDE - Casual — Offences Accessory ab inconsutto - non ex inopinato. Waterman.

By in the Waterman's Act so G. 2. 31. § 9.
It is made Felony in W the persons working a
Boat, to take in more than the number of
Passengers therein limited, if any be drowned.

The ingenious Author of the Principles of Penal
Law + + p. 277 too hastily as it appears to be, me has
included this in a list of Provisions, according to him which to
enumerate is to condemn. — I will take the liberty in &c I dare in this instance
to step forth, & justify the wisdom of the
Legislature.

It is the most pleasing task I can undertake when my judgment warrants it to be undertaken If indeed it had been provided generally, that
if in any case a passenger in a Boat be
drowned, that such Punishment shall be the portion
of the Waterman, I could have in that case joined readily
in the answer, tho' even this would be going
not much farther than what is done by the
common Law; if, after the limitation here established, the question whether the Waterman should
be subjected to any Punishment, had been left to

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depend upon the contingency calamitous actual contingency
of the calamity apprehended, I should in any
such case, have regarded it as improper:

But the numbers to exces which if exceeded, it was thought
by the Legislature would prove dangerous, are
plainly specified, with Penalties at any rate
for the excess: to which numbers if the Waterman
will confirm himself, he will whether even if the under whatever
contingency be mischief should happen, be saved harmless. At any Whether likewise it
contingency also, happen or no if exceeded, that number be exceeded he will suffer
because it was from the distrust of his Judgment
concerning the probability, that the
Legislature chose to the draw the line itself
& to say, that as far as such a number,
apprehend no danger: sufficient to warrant the inconvenience of an interdiction prohibition but beyond that numbersince some certain number must from necessity be pitched upon, tho' it is not to be supposed that any particular number can exactly disterminate danger from security
we apprehend the danger to be such, at such a height,
that we will not suffer it to be incurred.
And thus for every Vessel of every degree of
soundness & propriety of construction.

Identifier: | JB/096/204/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	204	Info in main headings field	homicide casual - by water
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f1 / f2
Penner	jeremy bentham	Watermarks	[[watermarks::[lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31208
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