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<p>1818. June 14.<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Penal Code</head></p>
 
<p>77.<lb/>
 
Reasons 1.  The supposition<lb/>
 
has no place<lb/>
with either of the two<lb/>
groupes of offences against<lb/>
condition in<lb/>
life:  viz.<lb/>
1. those which have<lb/>
respect to title.<lb/>
2. those which have<lb/>
not respect to title.</p>
<p>78.<lb/>
Offences affecting title<lb/>
to condition in life<lb/>
no aggravation, but<lb/>
a distinct class of<lb/>
Offences.</p>
<p>79.<lb/>
2. By the word <hi rend="underline">aggravation</hi>,<lb/>
a call made<lb/>
for additional punishment<lb/>
= relationship<lb/>
often no reason<lb/>
for such case.</p>
<p>80.<lb/>
For putting a period<lb/>
to mischief of offences<lb/>
against condition<lb/>
in life, remedies specific<lb/>
in each case.</p>
<p>81.<lb/>
Example – For wrongful<lb/>
non-collation, interception<lb/>
or ablation.<lb/>
Remedy, rightful collation<lb/>
by Judge.</p>
<p>82.<lb/>
Objection – extent of<lb/>
the title and multitude<lb/>
of offences enumerated<lb/>
under it a<lb/>
proof of severity of<lb/>
the Code.</p>
<pb/>
<p>83.<lb/>
Answer – the extent<lb/>
of a genus, no proof of<lb/>
the severity – a Code<lb/>
enacting that who so<lb/>
does any thing, shall<lb/>
be put to death, w<hi rend="superscript">d.</hi><lb/>
be the most severe<lb/>
ever known.</p>
<p>84.<lb/>
Aggregate severity of<lb/>
a Code in no degree<lb/>
dependent on the<lb/>
number of offences<lb/>
created by it.</p>
<p>85.<lb/>
To an existing Code,<lb/>
every offence added<lb/>
with an extraordinary<lb/>
penalty, is an addition<lb/>
to it's severity.</p>
<p>86.<lb/>
But, to the minuteness<lb/>
of this additional<lb/>
severity, no limits;<lb/>
nor to the diminution<lb/>
of the aggregate severity,<lb/>
by a single word.</p>
<p>87.<lb/>
Effect depends not on<lb/>
the number of words,<lb/>
but on the amplitude<lb/>
of the names.</p>
<p>88.<lb/>
Penalty – why extraordinary.</p>
<p>89.<lb/>
Right, obligation offence.<lb/>
Exposition of<lb/>
these words:  why inserted<lb/>
in penal<lb/>
Code.</p>
<p>90.<lb/>
Conditions in life<lb/>
domestic 4 pair.</p>
<pb/>
<p>91. <lb/>
Conditions in life –
1. Defensible <lb/>
2. Indefensible</p>
<p>92. <lb/>
Definitions, why <lb/>
two for one offence.</p>
<p>93. <lb/>
Conditions in life – <lb/>
1. Domestic <lb/>
2. Political.</p>
<p>94. <lb/>
Conditions in life <lb/>
considered as a subject <lb/>
matter of property.</p>
<p>95. <lb/>
Offences affecting condition <lb/>
in life on the <lb/>
occasion of litigation. <lb/>
2. independently of litigation.</p>
<p>96. <lb/>
Litigational offences. <lb/>
Offenders – <lb/>
1. Parties <lb/>
2. Professional agents <lb/>
3. Judges.<lb/>
4. Judges subordinates.</p>
<p>97. <lb/>
Erroneous decisions <lb/>
are offences on the part <lb/>
of the deciding Judge.</p>
<p>98.<lb/>
Offences admissible<lb/>
by Judge or his subordinates<lb/>
1. Wrongful non-collation.<lb/>
2. D<hi rend="superscript">o.</hi> ablation.<lb/>
3. D<hi rend="superscript">o.</hi> collation.<lb/>
4. D<hi rend="superscript">o.</hi> imposition.</p>
<p>99.<lb/>
D<hi rend="superscript">o.</hi> by any other individual.</p>
<p>100.<lb/>
In these cases, offender<lb/>
may have for<lb/>
his accomplice a<lb/>
Judge.</p>
<p>101.<lb/>
But Judge not necessarily<lb/>
included as<lb/>
an offender.</p>
<pb/>
<p>102.<lb/>
Example, wrongful non-collation<lb/>
of husbandship.</p>
<p>103.<lb/>
Offence <del><gap/></del> committed<lb/>
by Judge may be accompanied<lb/>
or not accompanied<lb/>
by a correspondent<lb/>
offence on the part<lb/>
of another individual.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 15:00, 2 January 2025

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1818. June 14.
Penal Code

77.
Reasons 1. The supposition
has no place
with either of the two
groupes of offences against
condition in
life: viz.
1. those which have
respect to title.
2. those which have
not respect to title.

78.
Offences affecting title
to condition in life
no aggravation, but
a distinct class of
Offences.

79.
2. By the word aggravation,
a call made
for additional punishment
= relationship
often no reason
for such case.

80.
For putting a period
to mischief of offences
against condition
in life, remedies specific
in each case.

81.
Example – For wrongful
non-collation, interception
or ablation.
Remedy, rightful collation
by Judge.

82.
Objection – extent of
the title and multitude
of offences enumerated
under it a
proof of severity of
the Code.


---page break---

83.
Answer – the extent
of a genus, no proof of
the severity – a Code
enacting that who so
does any thing, shall
be put to death, wd.
be the most severe
ever known.

84.
Aggregate severity of
a Code in no degree
dependent on the
number of offences
created by it.

85.
To an existing Code,
every offence added
with an extraordinary
penalty, is an addition
to it's severity.

86.
But, to the minuteness
of this additional
severity, no limits;
nor to the diminution
of the aggregate severity,
by a single word.

87.
Effect depends not on
the number of words,
but on the amplitude
of the names.

88.
Penalty – why extraordinary.

89.
Right, obligation offence.
Exposition of
these words: why inserted
in penal
Code.

90.
Conditions in life
domestic 4 pair.


---page break---

91.
Conditions in life – 1. Defensible
2. Indefensible

92.
Definitions, why
two for one offence.

93.
Conditions in life –
1. Domestic
2. Political.

94.
Conditions in life
considered as a subject
matter of property.

95.
Offences affecting condition
in life on the
occasion of litigation.
2. independently of litigation.

96.
Litigational offences.
Offenders –
1. Parties
2. Professional agents
3. Judges.
4. Judges subordinates.

97.
Erroneous decisions
are offences on the part
of the deciding Judge.

98.
Offences admissible
by Judge or his subordinates
1. Wrongful non-collation.
2. Do. ablation.
3. Do. collation.
4. Do. imposition.

99.
Do. by any other individual.

100.
In these cases, offender
may have for
his accomplice a
Judge.

101.
But Judge not necessarily
included as
an offender.


---page break---

102.
Example, wrongful non-collation
of husbandship.

103.
Offence committed
by Judge may be accompanied
or not accompanied
by a correspondent
offence on the part
of another individual.


Identifier: | JB/064/086/001"JB/" can not be assigned to a declared number type with value 64.

Date_1

1818-06-14

Marginal Summary Numbering

77-103

Box

064

Main Headings

Penal Code

Folio number

086

Info in main headings field

Penal Code

Image

001

Titles

Category

Marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

20440

Box Contents

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