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<head>C 27</head> | |||
<head>Of <del>Kidnapping</del> Confinement</head> | |||
<p><sic>-not</sic> attempting to descend into <add>those</add> clauses of detail<lb/> | |||
with which it would be proper they should be<lb/> | |||
guarded if they were to form a part of the<lb/> | |||
text and letter of the Law.</p> | |||
<p><note>General idea — throw the <foreign>onus publicandi</foreign> on the offender.</note> In the first place the party injured<lb/> | |||
may be <del>weak or</del> ignorant or weak: ignorant<lb/> | |||
of the remedy whatever it may be, which the<lb/> | |||
law affords him, or unable to avail himself of<lb/> | |||
it. Therefore <del>late the</del> wherever a man not acting<lb/> | |||
in furtherance of justice, nor in short on any<lb/> | |||
of those grounds which if just in point of<lb/> | |||
fact exculpate the offender, and if sincerely<lb/> | |||
believed to be so extenuate the offence, wherever<lb/> | |||
a man, I say, not asking on any such ground<lb/> | |||
takes upon <del>to</del> him to lay a restraint on the<lb/> | |||
personal liberty of any other, let such offender<lb/> | |||
be bound to take what steps shall be<lb/> | |||
deemed requisite for making the transaction<lb/> | |||
known, under penalty of incurring the extra-punishment<lb/> | |||
provided for this case. Let him<lb/> | |||
for instance <add><del>with in a</del></add> <del>furnish of his own</del> within a certain<lb/> | |||
time after the confinement has commenced<lb/> | |||
be bound <del><gap/></del> of his own accord to furnish the<lb/> | |||
party confined with the implements of writing,<lb/> | |||
for the express purpose of his giving notice to his <add>friends</add></p> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
C 27
Of Kidnapping Confinement
-not attempting to descend into those clauses of detail
with which it would be proper they should be
guarded if they were to form a part of the
text and letter of the Law.
General idea — throw the onus publicandi on the offender. In the first place the party injured
may be weak or ignorant or weak: ignorant
of the remedy whatever it may be, which the
law affords him, or unable to avail himself of
it. Therefore late the wherever a man not acting
in furtherance of justice, nor in short on any
of those grounds which if just in point of
fact exculpate the offender, and if sincerely
believed to be so extenuate the offence, wherever
a man, I say, not asking on any such ground
takes upon to him to lay a restraint on the
personal liberty of any other, let such offender
be bound to take what steps shall be
deemed requisite for making the transaction
known, under penalty of incurring the extra-punishment
provided for this case. Let him
for instance with in a furnish of his own within a certain
time after the confinement has commenced
be bound of his own accord to furnish the
party confined with the implements of writing,
for the express purpose of his giving notice to his friends
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Identifier: | JB/071/122/003"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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122 |
of confinement |
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003 |
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text sheet |
4 |
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recto |
f25 / f26 / f27 / f28 |
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jeremy bentham |
[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23525 |
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