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4)
Penal Code
Method of treating each head of Offence.
Ch. Form Order
5th. I shall state the several sets of descriptive re-instative
circumstances and re-exemptive circumstances
if there are any which may accompany the act.
By descriptive re-instative circumstances I mean such
circumstances, the effect of which is, to throw
the act back again into the case where it is
mischievous, the exemptive circumstances which had
served to take it out of that case still subsisting.
By dis-exemptive re-exemptive circumstances I mean such as may serve
to take it out again: the dis-exemp original
exemptive circumstances which had served to take
it out and the dis-exemptive re-instative which had served
to tale throw it back again remaining subsisting as before. I
An indefinite number of different sets of circumstances
may thus be conceived, which may operating
alternately one upon the back of another as exemptive and dis-exemptive re-instative
circumstances. Such as I have already
distinguished by the name of re-exemptive circumstances
may be stiled also exemptive circumstances
of the 2d order: the re-instative circumstances
that may come upon the back of these, re-instative circumstances
of the 2d order: and so on through to as
many such sets of circumstances as may [occur]
be found.
NOTE
In the language of our procedure an instrument
containing an allegation of alledging on the part of a defendant the existence of an exemptive
circumstance or set of exemptive circumstances
is stiled a special plea in bar: an instrument
of opposition to the former alledging on the part of the
Plff the existence of a re-instative circumstance or set of re-instative
circumstances, a replication: an instrument alledging the
existence
Identifier: | JB/549/277/002 "JB/" can not be assigned to a declared number type with value 549.
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[[date_1::177[?]]] |
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277 |
Penal Code. Method of treating each head of offence |
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002 |
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Text sheet |
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Jeremy Bentham |
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