JB/096/205/001

Click Here To Edit

3 HOMICIDE. Casual - Off. Access.y ob inconsulto non ex inopinato

But as there is one number, viz: viz: this, as is supposed that has been assumed at which the mischief
begins to be probable, so is there another
at which different for different vessels it must be certain; & between these
2 are all the degrees of probability to be met
with. Was the number such, in any a given case
as to make the probability enormous? that depends
upon the circumstances of each vessel;
which it being inpossible for the Legislature
to describe or to foresee, it judges [for want
of any other rule from necessity] by the event. — It discharges
a part of the danger upon him in whose power
it was before, & now his interest, to prevent
the whole. ++ N.B. The Waterman may be supposed not to share the common danger on account of his familiarity with that element.. By this it provides endeavours to provide for
the prevention of the Catastrophe; & should it
happen, it quickens his diligence in using
all means to prevent the consequences.

N.B.

He observes in a note, that in this case the criminality is in this. founded
on the supposition of a casual event:" so it is it in a
thousand others that nobody disputes: the whole doctrine of

---page break---

4

HOMICIDE Casual — by Water — [BR][5] Watermen.

Manslaughter by accident for one.

PUNISHMENT.

As to the rest, it seems that in this as in all
other instances of Homicide by negligence it were both the
Punishments ought should not to be fix not fixed,
but only limited; & the limits may be the same
in this instance as in others.

he is made to enter into a Recognizance as it
were, to bear them harmless; & the condition, is, m
more favourable to him in this respect than those in those which
to are enter'd into in every day's expediency &
with every man's approbation, is wholly in
his own power.

Identifier: | JB/096/205/001 "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	205	Info in main headings field	homicide casual - by water
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::[lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31209
Box Contents