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<head>1829. April 25.<lb/>
 
Penal Code. 2<lb/>
 
2 Offences severally.<lb/>
2 Matters referred to<lb/>
<del>Penal Code</del>.<lb/>
Civil Code.</head>
<note>5<lb/>
Thus for to Penal Code<lb/>
but other matter under<lb/>
the same head belongs to<lb/>
Civil Code</note>
<p>But other portion there is of matter coming under<lb/>
the same head wh<hi rend="superscript">h</hi> belongs more properly to the<lb/>
civil code and which may accordingly in that<lb/>
same code with more <unclear>property</unclear> have its place.</p>
<note>6<lb/>
Cases in which in pursuance<lb/>
of the <gap/><lb/>
of giving increase to<lb/>
his property a man may<lb/>
happen to do evil to<lb/>
the person of an individual</note>
<p>1. cases there are in which in the prosecution<lb/>
of a design <add>course of action</add> which has for its ultimate object the<lb/>
giving increase or existence or increase to the<lb/>
quantity and value of his property it may<lb/>
happen to a man to do evil in some shape<lb/>
or other to the person whether in respect of body<lb/>
or mind or both to individuals assignable<lb/>
or unassignable one or more.</p>
<note>7<lb/>
In a case of this kind<lb/>
it may be doubtful<lb/>
whether the good or evil<lb/>
predominates</note>
<p>In a case of this sort it may happen<lb/>
to be matter of doubt which of the two opposite<lb/>
results is the greatest <add>most important</add> probability as well<lb/>
as magnitude and propinquity considered &#x2014;<lb/>
the good done on the one part or the evil<lb/>
done of the other.</p>
<note>8<lb/>
Remedy satisfaction or<lb/>
prevention &#x2014; punitive none<lb/>
Reason evil of 2<hi rend="superscript">d</hi> order none</note>
<p>In a case of this sort <del>satisfac</del><lb/>
demand may have place for satisfactive<lb/>
remedy or suppressive or preventive; but<lb/>
for punitive or say say subsequentially preventive, not.</p>
<p>Reason as before evil of the<lb/>
second order none: danger none; alarm<lb/>
none.</p>
<note>9<lb/>
These Cases for legislator<lb/>
to make provision for</note>
<p>These cases it belongs to the Legislator<lb/>
to take cognizance of and make provision for<lb/>
<del><gap/></del> purposes or say objects in view, prevention<lb/>
of the evil to the person, body or<lb/>
mind, or both, as it may happen, on<lb/>
the one part; prevention of the pain of<lb/>
disappointment, and <unclear>prevention</unclear> of the<lb/>
evil consisting of the interception of pecuniary<lb/>
or quasi pecuniary profit, on<lb/>
the other part. Example profit capable of<lb/>
being made by a man by improvement<lb/>
made in this or<lb/>
that subject matter<lb/>
of property, viz.<lb/>
immoveable, land<lb/>
or edifice, or moveable,<lb/>
Though with risk<lb/>
or certainty of annoyance<lb/>
from the same source<lb/>
to individual neighbour<lb/>
or neighbourhood.<lb/>
Topics belonging to<lb/>
this matter these.</p>


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Latest revision as of 11:38, 20 October 2023

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1829. April 25.
Penal Code. 2
2 Offences severally.
2 Matters referred to
Penal Code.
Civil Code.
5
Thus for to Penal Code
but other matter under
the same head belongs to
Civil Code

But other portion there is of matter coming under
the same head whh belongs more properly to the
civil code and which may accordingly in that
same code with more property have its place.

6
Cases in which in pursuance
of the
of giving increase to
his property a man may
happen to do evil to
the person of an individual

1. cases there are in which in the prosecution
of a design course of action which has for its ultimate object the
giving increase or existence or increase to the
quantity and value of his property it may
happen to a man to do evil in some shape
or other to the person whether in respect of body
or mind or both to individuals assignable
or unassignable one or more.

7
In a case of this kind
it may be doubtful
whether the good or evil
predominates

In a case of this sort it may happen
to be matter of doubt which of the two opposite
results is the greatest most important probability as well
as magnitude and propinquity considered —
the good done on the one part or the evil
done of the other.

8
Remedy satisfaction or
prevention — punitive none
Reason evil of 2d order none

In a case of this sort satisfac
demand may have place for satisfactive
remedy or suppressive or preventive; but
for punitive or say say subsequentially preventive, not.

Reason as before evil of the
second order none: danger none; alarm
none.

9
These Cases for legislator
to make provision for

These cases it belongs to the Legislator
to take cognizance of and make provision for
purposes or say objects in view, prevention
of the evil to the person, body or
mind, or both, as it may happen, on
the one part; prevention of the pain of
disappointment, and prevention of the
evil consisting of the interception of pecuniary
or quasi pecuniary profit, on
the other part. Example profit capable of
being made by a man by improvement
made in this or
that subject matter
of property, viz.
immoveable, land
or edifice, or moveable,
Though with risk
or certainty of annoyance
from the same source
to individual neighbour
or neighbourhood.
Topics belonging to
this matter these.



Identifier: | JB/068/098/001"JB/" can not be assigned to a declared number type with value 68.

Date_1

1829-04-25

Marginal Summary Numbering

5-9

Box

068

Main Headings

penal code

Folio number

098

Info in main headings field

penal code

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2 / e2

Penner

john flowerdew colls

Watermarks

b&m 1828

Marginals

george bentham

Paper Producer

arthur moore; richard doane

Corrections

Paper Produced in Year

1828

Notes public

ID Number

22293

Box Contents

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