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<head>C</head><lb/><head>Of Forgery.</head> <note>Definition</note><lb/>judgment formed by him that such facts did or did<lb/>not happen so and so, it has the effect of expressing Assent: in<lb/>as far as they purport to be an expression of some act of his<lb/>Will, it has the effect of expressing <hi rend='underline'>Consent.</hi> <hi rend='superscript'>(a)</hi>< | <head>C</head><lb/><head>Of Forgery.</head> | ||
<p><note>Definition</note><lb/>judgment formed by him that such facts did or did<lb/>not happen so and so, it has the effect of expressing Assent: in<lb/>as far as they purport to be an expression of some act of his<lb/>Will, it has the effect of expressing <hi rend='underline'>Consent.</hi> <hi rend='superscript'>(a)</hi></p> | |||
<p>3. An assertion of an ordinary matter of fact is in effect <note>— Where the execution<lb/> imports Assent.</note><lb/>neither more nor less than the expression of an affirmative judgment<lb/> formed concerning the existence of such matter of fact;<lb/>for instance that Joseph is the son of Jacob whose discourse<lb/>the instrument purports to be. Of this nature are the recitals<lb/>in an ordinary deed. In this case it is an act of belief<lb/>that is expressed: an act of the understanding.</p> | |||
<p>4. To this <del>will be</del> <add>is</add> added an expression of volition, if the <note>— Where it imports Consent.</note><lb/> instrument goes on and says that it is Thomas's will that <add>John</add> </p> | |||
<head>Note</head> | |||
<p><hi rend='superscript'>(a)</hi> All the faculties of a man's mind are reducible to two, viz:<lb/>the understanding and the will: <add>all the functions in like manner to two, intelliction and volition.</add> In consequence whatever it is<lb/>which a man by the authentication of an instrument can testify <lb/>himself to have done, must <del>[be <gap/> in all of one<lb/>kind or the other.]</del> consist in the exercise of one of those<lb/>faculties or the other.</p> | |||
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C
Of Forgery.
Definition
judgment formed by him that such facts did or did
not happen so and so, it has the effect of expressing Assent: in
as far as they purport to be an expression of some act of his
Will, it has the effect of expressing Consent. (a)
3. An assertion of an ordinary matter of fact is in effect — Where the execution
imports Assent.
neither more nor less than the expression of an affirmative judgment
formed concerning the existence of such matter of fact;
for instance that Joseph is the son of Jacob whose discourse
the instrument purports to be. Of this nature are the recitals
in an ordinary deed. In this case it is an act of belief
that is expressed: an act of the understanding.
4. To this will be is added an expression of volition, if the — Where it imports Consent.
instrument goes on and says that it is Thomas's will that John
Note
(a) All the faculties of a man's mind are reducible to two, viz:
the understanding and the will: all the functions in like manner to two, intelliction and volition. In consequence whatever it is
which a man by the authentication of an instrument can testify
himself to have done, must [be in all of one
kind or the other.] consist in the exercise of one of those
faculties or the other.
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Identifier: | JB/071/085/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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085 |
of forgery |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f101 / f102 / f103 / f104 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23488 |
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