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<head>C 3.<lb/> Of Exemptions from Punishment</head> | <head>C 3.<lb/> Of Exemptions from Punishment</head> | ||
<p>your side and suspecting nothing, a man was to come suddenly <lb/>and shove it violently against a third person; or whether <lb/>it acted in a contrary direction; as if you had time to recollect <lb/>yourself and struggle though ineffectually against <lb/>the force with which the assailant | <p>your side and suspecting nothing, a man was to come suddenly <lb/>and shove it violently against a third person; or whether <lb/>it acted in a contrary direction; as if you had time to recollect <lb/>yourself and struggle though ineffectually against <lb/>the force with which the assailant pushed your hand <lb/> against the person <del>he assaulted</del> whom he took this <lb/>method of assaulting.</p> | ||
<head>Exemption II: Insanity.</head> | <head>Exemption II: Insanity.</head> | ||
<p>1. If <add>any Idiot or Maniac; that is if any</add> one who labours under insanity, whether incurable or <lb/>temporary, and who is <hi rend='underline'>not</hi> in ward, <add>(A)</add> commit any offence; he shall <add>+</add> <note><hi rend='superscript'>+</hi> Compensation how to be made for an offence by an insane person <hi rend='underline'>not</hi>in ward. An <sic>Ideot</sic>, who </note> be exempted from all punishment: but compensation, either adequate or partial, shall be made from his effects, according <lb/>to the discretion of the Judge.</p> | <p>1. If <add>any Idiot or Maniac; that is if any</add> one who labours under insanity, whether incurable or <lb/>temporary, and who is <hi rend='underline'>not</hi> in ward, <add>(A)</add> commit any offence; he shall <add>+</add> <note><hi rend='superscript'>+</hi> Compensation how to be made for an offence by an insane person <hi rend='underline'>not</hi> in ward. An <sic>Ideot</sic>, who </note> be exempted from all punishment: but compensation, either adequate or partial, shall be made from his effects, according <lb/>to the discretion of the Judge.</p> | ||
<head>Exposition<lb/> 1.</head> | |||
<p>1 [(A) In ward] <del>A</del> That is under the care of some person in<lb/> course of Law appointed to take charge of him: See the<lb/> Laws concerning <sic>Ideots</sic> — Laws concerning Madmen.</p> | |||
<head>2</head> | |||
<p>2 [( ) <sic>Ideot</sic>] An <sic>Ideot</sic> is one among whose ideas there is not that<lb/> connection which it is necessary there should be, in order for<lb/> the fear of punishment as <sic>administer'd</sic> by the Law to be in <lb/>any <sic>likelyhood</sic> of deterring him from the commission of any <lb/>offence: but who is not ordinarily under the governance <lb/>of a malevolent or mischievous disposition. To p. 7. <lb/> <add>3. Neither</add> | |||
</p> | |||
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C 3.
Of Exemptions from Punishment
your side and suspecting nothing, a man was to come suddenly
and shove it violently against a third person; or whether
it acted in a contrary direction; as if you had time to recollect
yourself and struggle though ineffectually against
the force with which the assailant pushed your hand
against the person he assaulted whom he took this
method of assaulting.
Exemption II: Insanity.
1. If any Idiot or Maniac; that is if any one who labours under insanity, whether incurable or
temporary, and who is not in ward, (A) commit any offence; he shall + + Compensation how to be made for an offence by an insane person not in ward. An Ideot, who be exempted from all punishment: but compensation, either adequate or partial, shall be made from his effects, according
to the discretion of the Judge.
Exposition
1.
1 [(A) In ward] A That is under the care of some person in
course of Law appointed to take charge of him: See the
Laws concerning Ideots — Laws concerning Madmen.
2
2 [( ) Ideot] An Ideot is one among whose ideas there is not that
connection which it is necessary there should be, in order for
the fear of punishment as administer'd by the Law to be in
any likelyhood of deterring him from the commission of any
offence: but who is not ordinarily under the governance
of a malevolent or mischievous disposition. To p. 7.
3. Neither
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penal code |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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