★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
20. C Of Compensation
without any impeachment of his character, is not able to find
such security; as if he be in very poor circumstances and a stranger.
6.
Caution against collusive claims
Let the Judge beware of fraudulent and collusive
claims set up for the benefit of the offender; and let him at any
rate prevent any such attempts from taking effect.
§ectX.
§. X. Ground of Abatement -- Pecuniary
Inability.
1.
In compensation the poverty of the offender may be a ground of abatement.
Where no pecuniary profit has been reaped by the author of
the damage, in such cases if the offender be so poor that the sum requisite
to make a full compensation would be too much for him
to be made to pay in the way of punishment, full compensation
ought not to be exacted, especially if the party damaged have
sustained no pecuniary loss.
§ect. XI.
§. XI. How to estimate pecuniary Ability.
1.
Method of estimating a man's pecuniary ability.
To take an estimate of the pecuniary ability of a party, proceed
as follows
1. Take an account of the enabling circumstances belonging to his Fortune.
2. Take an account of the disabling circumstances attending it.
3. Strike the balance, which if on the enabling side gives the clear amount
of his pecuniary ability.
2
1. His enabling circumstances.
Among his enabling circumstances are to be reckoned the following, 1.
Identifier: | JB/098/047/004 "JB/" can not be assigned to a declared number type with value 98.
|
|||
---|---|---|---|
2-5, 1-6, 1, 1-2 |
|||
098 |
penal code |
||
047 |
of compensation |
||
004 |
|||
copy/fair copy sheet |
4 |
||
recto |
f17 / f18 / f19 / f20 |
||
[[watermarks::s. lay [britannia with shield emblem]]] |
|||
alexander mavrokordatos |
|||
31655 |
|||