JB/098/046/003

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15. C Of Compensation

§ect. VI.
§. VI. Favour to be shown to a party damnified
against the alienees of the Wrong-doer.

1.
Restitution of a thing aliened by certain offences may be exacted from any possessor.
A party who has been deprived of the possession
of a thing by means of Theft, Embezzlement, Fraudulent Substitution
or Robbery shall be entitled to have it restored to him, be it what it
will, so the identity of it can be ascertained; and that into whose
possession soever it may have come.

2.
Upon what terms from bona fide possessors.
If the person into whose possession it has since
come, obtained it bona fide, the party from whom it was unlawfully
taken must in that case pay him half the value of whatsoever
he gave for it, yet so as not to exceed the saleable value
which it had at the time of his acquiring it: and if he
gave nothing, he shall have nothing.

3.
Upon what term from mala fide possessors.
If he obtained it mala fide (a) he shall have nothing.

Reasons.

1. The suffering of the original owner can turn to no account.
1. No advantage can result from favouring the subsequent possor
in preference to the original. By making the subsequent
possessor share in the loss, the following advantages are gained.

Note.

(a)[Mala fide] A man may be said to possess a thing mala fide when it
appears that he must have suspected upon just grounds that the person from
whom he had it had no title to make it over to him.

Identifier: | JB/098/046/003 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	8-13, 1-3, 1-2, 1
Box	098	Main Headings	penal code
Folio number	046	Info in main headings field	of compensation
Image	003	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner		Watermarks	[[watermarks::myears [lion with crown emblem]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31654
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