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<head>1823 Nov. 2<lb/> | |||
Penal Code †</head> | |||
<note>Ch XII Remedies<lb/> | |||
Punishment<lb/></note> | |||
<note>Quantum<lb/> | |||
In case of personal injury<lb/> | |||
where pecuniary circumstances<lb/> | |||
are unequal<lb/> | |||
quantum necessary for<lb/> | |||
punishment to suffice<lb/> | |||
for compensation</note> | |||
<p>Thus it appears that, in case of injury, where pecuniary<lb/> | |||
circumstances are to a certain degree unequal,<lb/> | |||
compensation should be put aside, & in the adjustment<lb/> | |||
of the quantum of the imposed <unclear>less</unclear> punishment & what<lb/> | |||
alone is proper on that score is sufficient: whatsoever<lb/> | |||
is regarded as proper on the score of punishment: i.e.<lb/> | |||
to the purpose of fulfilling in so far as they can be fulfilled<lb/> | |||
the ends of punishment, that if no more is what<lb/> | |||
ought to be given to the party injured on the score of<lb/> | |||
compensation.</p> | |||
<note>Obscure that there<lb/> | |||
be not a secret and opulent<lb/> | |||
prime within<lb/> | |||
to set on the poor & actual<lb/> | |||
wrongdoer</note> | |||
<p>Note that on this occasion a subject of consideration<lb/> | |||
which ought always to be kept in view is — whether<lb/> | |||
behind the curtain there exists not some secret prime<lb/> | |||
author of the injury some opulent individual or set of<lb/> | |||
individuals by whom the man of narrow pecuniary<lb/> | |||
circumstances is set on, or supported.</p> | |||
<note>Compensation for injury<lb/> | |||
different from that for<lb/> | |||
breach of contract In<lb/> | |||
the latter case no inequality<lb/> | |||
of circumstances<lb/> | |||
can influence the sum<lb/> | |||
to be paid</note> | |||
<p>In regard to the quantum of compensation<lb/> | |||
this case of injury stands in point of principle upon<lb/> | |||
a footing quite distinct from that of contract: if on the<lb/> | |||
score of indigence on one part, & affluence on the other<lb/> | |||
any abatement were made from the sum due by contract,<lb/> | |||
all contracts would be at an end.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823 Nov. 2
Penal Code †
Ch XII Remedies
Punishment
Quantum
In case of personal injury
where pecuniary circumstances
are unequal
quantum necessary for
punishment to suffice
for compensation
Thus it appears that, in case of injury, where pecuniary
circumstances are to a certain degree unequal,
compensation should be put aside, & in the adjustment
of the quantum of the imposed less punishment & what
alone is proper on that score is sufficient: whatsoever
is regarded as proper on the score of punishment: i.e.
to the purpose of fulfilling in so far as they can be fulfilled
the ends of punishment, that if no more is what
ought to be given to the party injured on the score of
compensation.
Obscure that there
be not a secret and opulent
prime within
to set on the poor & actual
wrongdoer
Note that on this occasion a subject of consideration
which ought always to be kept in view is — whether
behind the curtain there exists not some secret prime
author of the injury some opulent individual or set of
individuals by whom the man of narrow pecuniary
circumstances is set on, or supported.
Compensation for injury
different from that for
breach of contract In
the latter case no inequality
of circumstances
can influence the sum
to be paid
In regard to the quantum of compensation
this case of injury stands in point of principle upon
a footing quite distinct from that of contract: if on the
score of indigence on one part, & affluence on the other
any abatement were made from the sum due by contract,
all contracts would be at an end.
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Identifier: | JB/068/345/002"JB/" can not be assigned to a declared number type with value 68. |
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1823-11-02 |
not numbered |
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068 |
penal code |
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345 |
penal code |
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002 |
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copy/fair copy sheet |
1 |
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recto |
d2 / e2 |
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richard doane |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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22540 |
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