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<head>HOMICIDE. Casual - Off. Access.<hi rend='superscript'>y</hi> <foreign>ob inconsulto non ex inopinato</foreign></head> | |||
<p>But as there is one number, <add>viz:</add> <note>viz: this, as is supposed that has been assumed</note> at which the mischief | |||
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begins to be probable, so is there another | |||
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at which <add>different for different vessels</add> it must be certain; & between these | |||
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2 are all the degrees of probability to be met | |||
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with. Was the number such, in <del>any</del> <add>a</add> given case | |||
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as to make the probability enormous? that depends | |||
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upon the circumstances of each vessel; | |||
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which it being inpossible for the Legislature | |||
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to describe or to foresee, it judges [for want | |||
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of any other rule <add>from necessity</add>] by the event. — It discharges | |||
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a part of the danger upon him in whose power | |||
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it was before, & now his interest, to prevent | |||
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the whole. <hi rend='superscript'>+</hi><note><hi rend='superscript'>+</hi> N.B. The Waterman may be supposed not to share the common danger <unclear>on</unclear> account of his familiarity with that element.</note>. By this it provides <add>endeavours</add> to provide for | |||
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the prevention of the Catastrophe; & should it | |||
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happen, it quickens his diligence in using | |||
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all means to prevent the consequences. | |||
</p> | |||
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<head>N.B.</head> | |||
<p>He observes in a note, that <add>in this case</add> the criminality is <del><gap/></del> <add><del><unclear>in this</unclear>.</del></add> founded | |||
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on the supposition of a casual event:" so <del>it</del> is it in a | |||
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thousand others that nobody disputes: the whole doctrine of | |||
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<head>4</head> <!-- difficult to read, but written over the H of HOMICIDE etc etc .... (the heading which is written upside down --> | |||
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<head>HOMICIDE Casual — by Water — [BR][5]</head> | |||
<head>Watermen.</head> | |||
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<p>Manslaughter by accident for one. | |||
<lb/></p> | |||
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<head>PUNISHMENT.</head> | |||
<p>As to the rest, it seems that in this as in all | |||
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other instances of Homicide by negligence <add>it were both</add> the | |||
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Punishments <del>ought</del> <add>should</add> <del>not to</del> be <del>fix</del> not fixed, | |||
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but only limited; & the <del><gap/></del> limits may be the same | |||
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in this instance as in others. | |||
</p> | |||
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<p>he is made to enter into a Recognizance as it | |||
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were, to bear them harmless; & the condition, is, m<!-- rest of word unfinished, paper torn at edge, but the word more follows on next line. this word could therefore have been 'more' --> | |||
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more favourable to him <add>in this respect</add> than <del>those</del> in those which | |||
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<del>to</del> are <sic>enter'd</sic> into in every day's <unclear>expediency</unclear> & | |||
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with every man's approbation, is wholly in | |||
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his own power. | |||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
HOMICIDE. Casual - Off. Access.y ob inconsulto non ex inopinato
But as there is one number, viz: viz: this, as is supposed that has been assumed at which the mischief
begins to be probable, so is there another
at which different for different vessels it must be certain; & between these
2 are all the degrees of probability to be met
with. Was the number such, in any a given case
as to make the probability enormous? that depends
upon the circumstances of each vessel;
which it being inpossible for the Legislature
to describe or to foresee, it judges [for want
of any other rule from necessity] by the event. — It discharges
a part of the danger upon him in whose power
it was before, & now his interest, to prevent
the whole. ++ N.B. The Waterman may be supposed not to share the common danger on account of his familiarity with that element.. By this it provides endeavours to provide for
the prevention of the Catastrophe; & should it
happen, it quickens his diligence in using
all means to prevent the consequences.
N.B.
He observes in a note, that in this case the criminality is in this. founded
on the supposition of a casual event:" so it is it in a
thousand others that nobody disputes: the whole doctrine of
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4
HOMICIDE Casual — by Water — [BR][5] Watermen.
Manslaughter by accident for one.
PUNISHMENT.
As to the rest, it seems that in this as in all
other instances of Homicide by negligence it were both the
Punishments ought should not to be fix not fixed,
but only limited; & the limits may be the same
in this instance as in others.
he is made to enter into a Recognizance as it
were, to bear them harmless; & the condition, is, m
more favourable to him in this respect than those in those which
to are enter'd into in every day's expediency &
with every man's approbation, is wholly in
his own power.
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Identifier: | JB/096/205/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
legislation |
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205 |
homicide casual - by water |
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001 |
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text sheet |
1 |
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recto |
f3 / f4 |
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jeremy bentham |
[[watermarks::[lion with vryheyt motif]]] |
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31209 |
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