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<head><note><del>2 <!-- white space --> 4</del> 2</note><!-- page number --> C</head><!-- centred --> | |||
<head><del>Of Injuries affecting loco-motion</del></head><!-- left aligned --> | |||
<head><note>2</note> <add>Of Banishment</add> <del>Of Unlawful</del> <add><del>Loco-</del></add> <del>Exclusion.</del></head> | |||
<p>are the same as in the case of Simple Personal Injuries, | <p>are the same as in the case of Simple Personal Injuries, | ||
<lb/> | <lb/> | ||
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<head>Observations</head><!-- left of centre --> | <head>Observations</head><!-- left of centre --> | ||
<p><!-- indented -->This offence is the counterpart to that of Unlawful Confinement . Indeed in a strict metaphysical point | <p><!-- indented -->This offence is the counterpart to that of Unlawful <lb/> Confinement . Indeed in a strict metaphysical point | ||
<lb/> | <lb/> | ||
of view the <add>description</add> <del>nature</del> of the two offences <add>would be</add> <del>is</del> the same ; since in | of view the <add>description</add> <del>nature</del> of the two offences <add>would be</add> <del>is</del> the same ; since in | ||
<lb/> | <lb/> | ||
each case the whole | each case the whole globe <add><del>description of the two</del> <unclear>d</unclear></add> is i<del>s</del>n a manner divided into | ||
<lb/> | <lb/> | ||
two districts , in one of which the party is compelled | two districts, in one of which the party is compelled | ||
<lb/> | <lb/> | ||
<hi rend='underline'>to be</hi> ; in the other <hi rend='underline'>not</hi> to be. In this point of view it is | <hi rend='underline'>to be</hi>; in the other <hi rend='underline'>not</hi> to be. In this point of view it is | ||
<lb/> | <lb/> | ||
confinement in both cases : if a man is compelled to | confinement in both cases : if a man is compelled to | ||
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stay in <del>the same</del> <add>a certain</add> house he is <hi rend='underline'>confined</hi> to that house; | stay in <del>the same</del> <add>a certain</add> house he is <hi rend='underline'>confined</hi> to that house; | ||
<lb/> | <lb/> | ||
if he is excluded from it and left to go <add>wherever else</add> <del>where</del> he pleases , | if he is excluded from it and left to go <add>wherever else</add> <del>where</del> he pleases, | ||
<lb/> | <lb/> | ||
he is confined to the whole surface of the globe | he is confined to the whole surface of the globe | ||
<lb/> | <lb/> | ||
<hi rend='underline'>except</hi> that house. | <hi rend='underline'>except</hi> that house. But this phraseology is by no | ||
<lb/> | |||
means conformable to<del>that in</del> common use; <del>on common</del> <add>according</add> | |||
<lb/> | |||
<add>to which</add> <del>speech</del> a man is not said to be confined to any place, | |||
<lb/> | |||
unless it be less than the space which is left free to | |||
<lb/> | |||
him. On this account the offence in hand could scarcely <add>have</add> | |||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
2 4 2 C
Of Injuries affecting loco-motion
2 Of Banishment Of Unlawful Loco- Exclusion.
are the same as in the case of Simple Personal Injuries,
which See.
Observations
This offence is the counterpart to that of Unlawful
Confinement . Indeed in a strict metaphysical point
of view the description nature of the two offences would be is the same ; since in
each case the whole globe description of the two d is isn a manner divided into
two districts, in one of which the party is compelled
to be; in the other not to be. In this point of view it is
confinement in both cases : if a man is compelled to
stay in the same a certain house he is confined to that house;
if he is excluded from it and left to go wherever else where he pleases,
he is confined to the whole surface of the globe
except that house. But this phraseology is by no
means conformable tothat in common use; on common according
to which speech a man is not said to be confined to any place,
unless it be less than the space which is left free to
him. On this account the offence in hand could scarcely have
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Identifier: | JB/072/171/002"JB/" can not be assigned to a declared number type with value 72. |
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072 |
penal code |
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171 |
of punishment |
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002 |
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copy/fair copy sheet |
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f1 / g1 / f2 / g2 / f3 / g3 / f4 / g4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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23788 |
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