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and which could not be prevented at any cheaper rate, | and which could not be prevented at any cheaper rate, | ||
<lb/> | <lb/> | ||
so it be eventually attended with such effect , is done | so it be eventually attended with such effect, is done | ||
<lb/> | <lb/> | ||
with lawful cause . As if through accident or <sic | with lawful cause. As if through accident or <sic>inddvertence</sic><!-- it looks as though he's written both a straight 'd' and a curly one, and I'm wondering whether the word should have been 'inadvertence' (therefore the first 'd' should have been an 'a'), which would make sense in the context of the sentence --> | ||
<lb/> | <lb/> | ||
a man were | a man were standing at the brink of a <add>shallow</add> ditch within | ||
<lb/> | <lb/> | ||
the range of the sails of a large <sic>wind mill</sic> going | the range of the sails of a large <sic>wind mill</sic> going | ||
<lb/> | <lb/> | ||
furiously , and You , having no time to warn him , push | furiously, and You, having no time to warn him, push | ||
<lb/> | <lb/> | ||
him into the ditch. | him into the ditch. | ||
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<head>2.</head><!-- centred and written in pencil --> | <head>2.</head><!-- centred and written in pencil --> | ||
<p>2.<!-- written in pencil --> <note>— the Author of the hurt.</note> So if it be done to save <hi rend='underline'>yourself</hi> ; | <p>2.<!-- written in pencil --> <note>— the Author of the hurt.</note> So if it be done to save <hi rend='underline'>yourself</hi>; As if being pursued by an adversary with a drawn sword in a narrow | ||
<lb/> | <lb/> | ||
passage, you run against a stranger and beat him | passage, you run against a stranger and beat him | ||
<lb/> | <lb/> | ||
down : but in such case You are to make him Compensation. | down: but in such case You are to make him Compensation. | ||
<lb/></p> | <lb/></p> | ||
<head>3.</head><!-- centred and written in pencil --> | <head>3.</head><!-- centred and written in pencil --> | ||
<p>3.<!-- written in pencil --> <note>— or a third Person</note> So if it be the means of saving a third person (as before) : | <p>3.<!-- written in pencil --> <note>— or a third Person</note> So if it be the means of saving a third person (as before): | ||
<lb/> | <lb/> | ||
but the assaulter shall make compensation to the | but the assaulter shall make compensation to the | ||
<lb/> | <lb/> | ||
party assaulted , and receive that or more from the party | party assaulted, and receive that or more from the party | ||
<lb/> | <lb/> | ||
saved. | saved. | ||
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<head>4.</head><!-- centred and written in pencil --> | <head>4.</head><!-- centred and written in pencil --> | ||
<p>4.<!-- written in pencil --> <note>— or the Neighbourhood.</note> Much more if it be the means of saving a <add>whole</add> neighbourhood : | <p>4.<!-- written in pencil --> <note>— or the Neighbourhood.</note> Much more if it be the means of saving a <add>whole</add> neighbourhood: | ||
<lb/> | <lb/> | ||
as if , through heedlessness or ignorance of the | as if, through heedlessness or ignorance of the | ||
<lb/> | <lb/> | ||
danger, a man be running hastily with a lighted candle | danger, a man be running hastily with a lighted candle | ||
<lb/> | <lb/> | ||
into a room where there is a large quantity of gunpow<add>der</add> | into a room where there is a large quantity of gunpow<add>der</add> | ||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C 5.
Of Justifications.
For the sake of the party hurt. saving him from a superior calamity otherwise unavoidable
and which could not be prevented at any cheaper rate,
so it be eventually attended with such effect, is done
with lawful cause. As if through accident or inddvertence
a man were standing at the brink of a shallow ditch within
the range of the sails of a large wind mill going
furiously, and You, having no time to warn him, push
him into the ditch.
2.
2. — the Author of the hurt. So if it be done to save yourself; As if being pursued by an adversary with a drawn sword in a narrow
passage, you run against a stranger and beat him
down: but in such case You are to make him Compensation.
3.
3. — or a third Person So if it be the means of saving a third person (as before):
but the assaulter shall make compensation to the
party assaulted, and receive that or more from the party
saved.
4.
4. — or the Neighbourhood. Much more if it be the means of saving a whole neighbourhood:
as if, through heedlessness or ignorance of the
danger, a man be running hastily with a lighted candle
into a room where there is a large quantity of gunpowder
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Identifier: | JB/071/002/001"JB/" can not be assigned to a declared number type with value 71. |
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2-4 |
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071 |
penal code |
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002 |
of justifications |
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001 |
instructions to the legislator / justification 4th defence / instructions to the legislator - analytical view |
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copy/fair copy sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23405 |
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