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<p>1827. Oct<hi rend="superscript">r.</hi> 30.<lb/> | |||
'' | <head>Penal Code.</head></p> | ||
<p><head>Ch. 13. Remedies<lb/> | |||
§. Satisfaction</head></p> | |||
<p>1.<lb/> | |||
Satisfaction – modes.<lb/> | |||
1. Vindictive follows<lb/> | |||
of course<lb/> | |||
1. from the punishm<hi rend="superscript">t.</hi><lb/> | |||
2. from the burden imposed<lb/> | |||
of yielding satisfaction<lb/> | |||
in other shapes.</p> | |||
<p>2.<lb/> | |||
2. Attestative – attestation<lb/> | |||
by Judge that a<lb/> | |||
fact prejudicial to<lb/> | |||
wrongee asserted in<lb/> | |||
the offence to have taken<lb/> | |||
place, has not<lb/> | |||
taken place.</p> | |||
<p>3.<lb/> | |||
3. Vindicative - the<lb/> | |||
attestation applied to<lb/> | |||
the case where the supposed<lb/> | |||
fact would be<lb/> | |||
prejudicial by aspersion.</p> | |||
<p>4.<lb/> | |||
4. Restitutive – putting<lb/> | |||
wrongee as much as<lb/> | |||
possible in the situation<lb/> | |||
in which he was<lb/> | |||
before the offence.</p> | |||
<p>5.<lb/> | |||
5. Compensative, afforded<lb/> | |||
by conferring<lb/> | |||
good which, with some<lb/> | |||
few cases excepted,<lb/> | |||
will be in a pecuniary<lb/> | |||
shape.</p> | |||
<p>6.<lb/> | |||
Attestative and vindicative<lb/> | |||
afforded not<lb/> | |||
by wrongee but by<lb/> | |||
judges.</p> | |||
<pb/> | |||
<p><head>Ch. 13. Remedies<lb/> | |||
§. Satisfaction</head></p> | |||
<p>7.<lb/> | |||
Survivants to the right<lb/> | |||
of compensation for<lb/> | |||
the benefit of the representatives<lb/> | |||
of the wrongee.</p> | |||
<p>Anglicé 8.<lb/> | |||
English Practice.<lb/> | |||
1. Vindictive – none.</p> | |||
<p>9. Exist. Syst.<lb/> | |||
2. Attestative, something<lb/> | |||
like attestory satisfaction,<lb/> | |||
on some occasion<lb/> | |||
exacted by Judge<lb/> | |||
from wrongor.</p> | |||
<p>10.<lb/> | |||
But this practice,<lb/> | |||
pregnant with insincerity,<lb/> | |||
consequently<lb/> | |||
judicial falshood,<lb/> | |||
with all it's evils, and<lb/> | |||
without good.</p> | |||
<p>11.<lb/> | |||
3. Vindicative none.</p> | |||
<p>12.<lb/> | |||
4. Restitution in almost<lb/> | |||
every case refused.</p> | |||
<p>13.<lb/> | |||
No satisfaction, but<lb/> | |||
pecuniary damages.</p> | |||
<p>14.<lb/> | |||
By this means, option<lb/> | |||
given to wrongdoer<lb/> | |||
to cease the wrong,<lb/> | |||
or to pay the price of<lb/> | |||
the license for continuing.</p> | |||
<p>15.<lb/> | |||
Satisfaction, in case<lb/> | |||
of Wrongee's death,<lb/> | |||
should remain applicable<lb/> | |||
to his representatives.</p> | |||
<pb/> | |||
<p><head>Ch. 13. Remedies<lb/> | |||
§. Satisfaction</head></p> | |||
<p>Anglicé 16.<lb/> | |||
At Common Law,<lb/> | |||
English Practice,<lb/> | |||
performance of a<lb/> | |||
contract not compellable.</p> | |||
<p>17.<lb/> | |||
In Equity, only a semblance<lb/> | |||
of remedy.</p> | |||
<p>18.<lb/> | |||
Unless a vessel, a<lb/> | |||
jewel or a picture,<lb/> | |||
no object renewable<lb/> | |||
but by a suit in<lb/> | |||
Equity, of which the<lb/> | |||
evils so infinitely<lb/> | |||
greater in most cases,<lb/> | |||
than the remedy<lb/> | |||
sought for.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827. Octr. 30.
Penal Code.
Ch. 13. Remedies
§. Satisfaction
1.
Satisfaction – modes.
1. Vindictive follows
of course
1. from the punishmt.
2. from the burden imposed
of yielding satisfaction
in other shapes.
2.
2. Attestative – attestation
by Judge that a
fact prejudicial to
wrongee asserted in
the offence to have taken
place, has not
taken place.
3.
3. Vindicative - the
attestation applied to
the case where the supposed
fact would be
prejudicial by aspersion.
4.
4. Restitutive – putting
wrongee as much as
possible in the situation
in which he was
before the offence.
5.
5. Compensative, afforded
by conferring
good which, with some
few cases excepted,
will be in a pecuniary
shape.
6.
Attestative and vindicative
afforded not
by wrongee but by
judges.
---page break---
Ch. 13. Remedies
§. Satisfaction
7.
Survivants to the right
of compensation for
the benefit of the representatives
of the wrongee.
Anglicé 8.
English Practice.
1. Vindictive – none.
9. Exist. Syst.
2. Attestative, something
like attestory satisfaction,
on some occasion
exacted by Judge
from wrongor.
10.
But this practice,
pregnant with insincerity,
consequently
judicial falshood,
with all it's evils, and
without good.
11.
3. Vindicative none.
12.
4. Restitution in almost
every case refused.
13.
No satisfaction, but
pecuniary damages.
14.
By this means, option
given to wrongdoer
to cease the wrong,
or to pay the price of
the license for continuing.
15.
Satisfaction, in case
of Wrongee's death,
should remain applicable
to his representatives.
---page break---
Ch. 13. Remedies
§. Satisfaction
Anglicé 16.
At Common Law,
English Practice,
performance of a
contract not compellable.
17.
In Equity, only a semblance
of remedy.
18.
Unless a vessel, a
jewel or a picture,
no object renewable
but by a suit in
Equity, of which the
evils so infinitely
greater in most cases,
than the remedy
sought for.
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Penal Code |
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Ch. 13 Remedies / Satisfaction |
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