JB/064/191/001

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10 Apl. 1826
Penal Code
Homicide

Qn. Ruling of Judges – Chief magistrate

76. A. kills an officer
who arrests him without
a warrant.

77 – the officer having
exceeded his warrant,
by breaking into a
house to execute it.

78. A. kills B. who
attempts to enter his
house upon pretence
of a title

79. A. kills B. who attempts
to recover a
possession gained by
force.

80. Upon a sudden
quarrell: Two quarrell
for the will & fight,
and one is killed.

81. Two quarrell &
one fetches a weapon,
wherewith he kills
the other

82. Persons infected
with the plague going
abroad with intent
to infect and infecting
others, whereof they
die. they

83. Persons wilfully
exposing themselves
or others infected with
smallpox, in places
where death follows the
infection communicated by them.

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84. If two fight and
one of the two breaks
his sword, and a
stranger gives him
his sword, with which
he kills the other.

85. Two quarrel and
agree to fight & fetch
their swords, and one
kills the other.

86. Combat equal
at first – no weapon –
A. stabs B. or shoots
him, before his blood
has had time to cool.

87. Two quarrell & part,
and presently meet
again and fight, and
one of them is killed.

88. Former malice,
reconciliation occurs,
a new mutiny and
death to one party

89. Two fight upon
malice and are parted,
& afterwards fight again
upon a sudden.

90. A. and B. have
malice. A. challenges
B. refuses, but says he
will go to such a town,
on such a day, and on
the way A. assaults
and B. kills him.

91. Act not justifiable
though done without
a mischievous intent;
as if a person interesting
kills another

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92. Or in ploy at pils

93. Or at any other
weapon.

94. One shooting or
throwing stones in the
highway kills another.

95. Or shooting at a
deer in a park.

96. Riding a wild
horse among a multitude
of people.

97. Or whips a horse
in the street to make
him run speedily
whereby a child is killed

98. By inevitable necessity
– or in one's
own defence. A. is
assaulted & retreats to
the wall, and then,
in his defence kills
the pursuer

99. If he retreats
till he falls down.

100. Or does not retreat,
where pursuit
is so fierce that he
cannot retreat without
risk to his life.

100. Same case
malice between
the parties – or on
the part of A. – or B.

101. A. strikes assailant
before retreat &
then kills him in his
own defence.

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102. By misadventure,
as where a
man does a lawful
act without a bad intent
and death ensues, as where A.
shooting at rovers or
at a bird, and by chance
kills another

103. Cutting wood and
the axehead flies off and
kills.

104. Father corrects
his son and by accident
kills him.

105. A master gives
proper correction to
his scholar & kills him

106. Or to his servant,
& kills him.

107. Thief breaks into a
house. A. rises and
finds a stranger there
by consent of the servant
but not of the master hiding
himself, and suffering
him to be the thief kills
him.

Justifiable

108. When warrant
of law, for advancement
of justice, as if an officer
puts another to
death pursuant to
judgment.

109. Sheriff, Bailiff &
having a warrant
to arrest one indicted
of felony, kills him if
he will not obey the arrest.

Identifier: | JB/064/191/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1826-04-10	Marginal Summary Numbering	76-109
Box	064	Main Headings	Penal Code
Folio number	191	Info in main headings field	Penal Code Homicide
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	F30
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	20545
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