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<head>1826. <del>May</del> June 6. +<lb/> | |||
Penal Code<lb/> | |||
Ch. 1. Offences affecting person.<lb/> | |||
§. 1. Corporeal Vexation<lb/> | |||
simple<lb/> | |||
Justification <gap/> <gap/> — <hi rend="underline">Self-preservation</hi></head> | |||
<note>1<lb/> | |||
Justification 3. Self-preservation</note> | |||
<p>This justification requires considerable explanation. The<lb/> | |||
evil, the contemplation of which is admitted to have this<lb/> | |||
effect, must not as is evident, by <hi rend="underline">any evil whatsoever</hi></p> | |||
<note><hi rend="underline">Equivocal</hi></note><lb/> | |||
<note>2<lb/> | |||
Not applicable to self-preservation<lb/> | |||
from any<lb/> | |||
evil whatsoever<lb/> | |||
1 not from evil lawfully<lb/> | |||
inflicted</note> | |||
<p>1. It must not be any evil to which in the case in<lb/> | |||
question the party is intended to be subjected by lawful<lb/> | |||
power of any description and extent, <sic>publick</sic> or <sic>domestick</sic> <add>private</add>.<lb/> | |||
Particularly it must not be any evil, which the party has<lb/> | |||
it at his option to escape from and exclude at the expense<lb/> | |||
of a lesser evil than the one produced by <del>it</del> him.</p> | |||
<note>2 not from distant<lb/> | |||
evil less expensively<lb/> | |||
avoidable</note> | |||
<p>(?) 3 It must not, in consequence be an evil the<lb/> | |||
happening of which is at such a distance as would admit<lb/> | |||
of his excluding it at a less expense than that<lb/> | |||
of the evil in question, to <gap/> the corporeal vexation inflicted<lb/> | |||
by him.</p> | |||
<note>3<lb/> | |||
Self preserving act<lb/> | |||
must in general have<lb/> | |||
been at the time of<lb/> | |||
the evil repelled or<lb/> | |||
endeavoured to be<lb/> | |||
repelled</note> | |||
<p>4. <del>In general the <gap/> will be</del> <add>In general to <del><gap/></del> <unclear>operate</unclear></add><lb/> | |||
as a justification, the evil inflicted should be inflicted at<lb/> | |||
the very time in which the evil repelled or endeavoured<lb/> | |||
to be repelled by it, has actually been in part sustained,<lb/> | |||
or is immediately impending, as where the wrongor<lb/> | |||
having given to the wrongee one blow is about to repeat<lb/> | |||
it, when the wrongee prevents or endeavours to prevent<lb/> | |||
a repetition of it by a counterblow</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. May June 6. +
Penal Code
Ch. 1. Offences affecting person.
§. 1. Corporeal Vexation
simple
Justification — Self-preservation
1
Justification 3. Self-preservation
This justification requires considerable explanation. The
evil, the contemplation of which is admitted to have this
effect, must not as is evident, by any evil whatsoever
Equivocal
2
Not applicable to self-preservation
from any
evil whatsoever
1 not from evil lawfully
inflicted
1. It must not be any evil to which in the case in
question the party is intended to be subjected by lawful
power of any description and extent, publick or domestick private.
Particularly it must not be any evil, which the party has
it at his option to escape from and exclude at the expense
of a lesser evil than the one produced by it him.
2 not from distant
evil less expensively
avoidable
(?) 3 It must not, in consequence be an evil the
happening of which is at such a distance as would admit
of his excluding it at a less expense than that
of the evil in question, to the corporeal vexation inflicted
by him.
3
Self preserving act
must in general have
been at the time of
the evil repelled or
endeavoured to be
repelled
4. In general the will be In general to operate
as a justification, the evil inflicted should be inflicted at
the very time in which the evil repelled or endeavoured
to be repelled by it, has actually been in part sustained,
or is immediately impending, as where the wrongor
having given to the wrongee one blow is about to repeat
it, when the wrongee prevents or endeavours to prevent
a repetition of it by a counterblow
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Identifier: | JB/067/206/001"JB/" can not be assigned to a declared number type with value 67. |
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206 |
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copy/fair copy sheet |
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recto |
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john neal |
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22039 |
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