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<head>3 .</head><!-- centre --> | <head>3 .</head><!-- centre --> | ||
<p><!-- indent --><note>So with regard to the consequences.</note> So with regard to the consequences . If the case was so | <p><!-- indent --><note>So with regard to the consequences.</note> So with regard to the consequences. If the case was so | ||
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that it particularly concerned the party injured in point of | that it particularly concerned the party injured in point of | ||
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fortune for instance, or reputation or marriage or preferment , | fortune for instance, or reputation or marriage or preferment, | ||
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to be at a particular time in a particular place; and | to be at a particular time in a particular place; and | ||
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the effect of the confinement was to debar him from being | the effect of the confinement was to debar him from being | ||
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at that time in that place , whereby he suffered in any of | at that time in that place, whereby he suffered in any of | ||
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those respects : And it would also concern the offender in | those respects: And it would also concern the offender in | ||
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any of those respects to be at a particular time in a particular | any of those respects to be at a particular time in a particular | ||
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place : let him be debarred from being at the time aforesaid | place: let him be debarred from being at the time aforesaid | ||
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in the place aforesaid. | in the place aforesaid. | ||
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<p><!-- indent -->Let these instructions be the more particularly observed | <p><!-- indent -->Let these instructions be the more particularly observed | ||
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if such hardships were occasioned <note>— particularly if directly intentional.</note> or such prejudicial consequences brought about by design , and in contemplation | if such hardships were occasioned <note>— particularly if directly intentional.</note> or such prejudicial consequences brought about by design, and in contemplation | ||
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of the additional suffering they were calculated to produce: | of the additional suffering they were calculated to produce: | ||
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<add>that is if they were intentional : particularly if they were directly intentional.+ <note><hi rend='superscript'>+</hi> See Introd. Ch. Of Intentionality .</note></add> | <add>that is if they were intentional: particularly if they were directly intentional.+ <note><hi rend='superscript'>+</hi> See Introd. Ch. Of Intentionality.</note></add> | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->3. <note>General Rule of construction.</note> In adjusting the punishment to the offence, the turn | <p><!-- indent -->3. <note>General Rule of construction.</note> In adjusting the punishment to the offence, the turn | ||
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of the scale may in this case be against the offender ; so | of the scale may in this case be against the offender; so | ||
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that if he cannot be made to suffer precisely the same | that if he cannot be made to suffer precisely the same | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
4. C
Of Injuries to affecting the liberty of loco-motion.
4 Of Unlawful Confinement.
3 .
So with regard to the consequences. So with regard to the consequences. If the case was so
that it particularly concerned the party injured in point of
fortune for instance, or reputation or marriage or preferment,
to be at a particular time in a particular place; and
the effect of the confinement was to debar him from being
at that time in that place, whereby he suffered in any of
those respects: And it would also concern the offender in
any of those respects to be at a particular time in a particular
place: let him be debarred from being at the time aforesaid
in the place aforesaid.
4
Let these instructions be the more particularly observed
if such hardships were occasioned — particularly if directly intentional. or such prejudicial consequences brought about by design, and in contemplation
of the additional suffering they were calculated to produce:
that is if they were intentional: particularly if they were directly intentional.+ + See Introd. Ch. Of Intentionality.
3. General Rule of construction. In adjusting the punishment to the offence, the turn
of the scale may in this case be against the offender; so
that if he cannot be made to suffer precisely the same
mischief he may be made to shall suffer a greater rather than a less. The
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Identifier: | JB/071/116/004"JB/" can not be assigned to a declared number type with value 71. |
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1-7, 1-5 |
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071 |
penal code |
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116 |
of confinement |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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23519 |
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