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<head>8</head><lb/>
<head>Division</head><!-- in red ink -->
 
<p><!-- this paragraph crossed through -->in the harbouring of a wife who has eloped: for<lb/>
if the detaining be against her consent, it is an<lb/>
<add>offence against her person, an act of</add> wrongful confinement, in which case the injury<lb/>
to the husband is <sic>swallow'd</sic> up as it were in<lb/>
the greater injury done to the wife. To the offence<lb/>
of Embezzlement there is nothing <add>which</add> in this case can<lb/>
correspond</p><pb/>
 
<p>Neither <del>by</del> <add>in the way of</add> <hi rend='underline'>wrongful detainer</hi> nor <del>by</del> <add>in that of</add> <hi rend='underline'>embezzlement</hi><lb/>
could this sort of property be violated unless <del>the</del> it<lb/>
<del>law were now</del> <del>the custom as formerly</del> <add><del>legal as well as customary,</del></add> <note>were the law and the custom now</note> <add>as formerly</add> it was among<lb/>
the Greeks <del><gap/></del> and Romans for one man to<lb/>
consign over for a time this sort of property<lb/>
to another. Suppose the adultery to be committed<lb/>
<del>in the</del> under favour of <del>a</del> polygamy, as if the<lb/>
adulterer were to <del><unclear>pretend</unclear></del> <add>prevail on the wife to marry him on pretence of</add> the husband, death, or<lb/>
suppose <del>it to be committed</del> him to have effected<lb/>
his purpose by personating the husband, in<lb/>
either case it is analogous to <hi rend='underline'>defraudment.</hi><lb/>
Suppose them to be simply with-holden whether<lb/>
by the fault of <del>another person</del>, <add>a stranger</add> or, <del>by the fault</del><lb/>
<del>of the wife</del> as in the case of elopement or<lb/>
otherwise, <add>by the fault of the wife,</add> the offence is analogous to wrongful<lb/>
destruction: in it's effects that is, though not in<lb/>
the manner of its operation. The corporeal object<lb/>
of the property, the woman herself is not <add>indeed either</add> <sic>destroy'd</sic>: <add><del>or damaged but</del> or</add></p>






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8
Division

in the harbouring of a wife who has eloped: for
if the detaining be against her consent, it is an
offence against her person, an act of wrongful confinement, in which case the injury
to the husband is swallow'd up as it were in
the greater injury done to the wife. To the offence
of Embezzlement there is nothing which in this case can
correspond


---page break---

Neither by in the way of wrongful detainer nor by in that of embezzlement
could this sort of property be violated unless the it
law were now the custom as formerly legal as well as customary, were the law and the custom now as formerly it was among
the Greeks and Romans for one man to
consign over for a time this sort of property
to another. Suppose the adultery to be committed
in the under favour of a polygamy, as if the
adulterer were to pretend prevail on the wife to marry him on pretence of the husband, death, or
suppose it to be committed him to have effected
his purpose by personating the husband, in
either case it is analogous to defraudment.
Suppose them to be simply with-holden whether
by the fault of another person, a stranger or, by the fault
of the wife as in the case of elopement or
otherwise, by the fault of the wife, the offence is analogous to wrongful
destruction: in it's effects that is, though not in
the manner of its operation. The corporeal object
of the property, the woman herself is not indeed either destroy'd: or damaged but or




Identifier: | JB/072/107/004"JB/" can not be assigned to a declared number type with value 72.

Date_1

Marginal Summary Numbering

Box

072

Main Headings

penal code

Folio number

107

Info in main headings field

division

Image

004

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f5 / f6 / f7 / f8

Penner

jeremy bentham

Watermarks

[[watermarks::s. lay [britannia with shield emblem]]]

Marginals

Paper Producer

alexander mavrokordatos

Corrections

Paper Produced in Year

Notes public

ID Number

23724

Box Contents

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