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<head>13 April 1826 | <head>13 April 1826 | ||
Penal Code</head> | Penal Code</head> | ||
<note>B. I General Titles<lb/> | <note>B. I General Titles<lb/> | ||
Ch 13 Means of Repression Remedies<lb/> | Ch 13 Means of Repression Remedies<lb/> | ||
§ | §. Satisfaction</note> | ||
<note>English Practice<lb/> | <note>English Practice<lb/> | ||
11<lb/>3 Vindicative none</note> | 11<lb/>3 Vindicative none</note> | ||
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head. As Attestative in every shape,<lb/> | head. As Attestative in every shape,<lb/> | ||
which, as above stated is <del>no</del> but a mode<lb/> | which, as above stated is <del>no</del> but a mode<lb/> | ||
of it, to wit the <del> | of it, to wit the <del><gap/> <gap/> indicative</del> <add>indicative</add></p> | ||
<note>12<lb/> | <note>12<lb/> | ||
Restitution is almost <lb/> | Restitution is almost <lb/> | ||
| Line 27: | Line 27: | ||
being that in which the jury forms a constituent<lb/> | being that in which the jury forms a constituent<lb/> | ||
part of the judicature, in no shape<lb/> | part of the judicature, in no shape<lb/> | ||
is satisfaction ever given, but in the | is satisfaction ever given, but in the pecuniary<lb/> | ||
shape: that shape in which the characteristic<lb/> | shape: that shape in which the characteristic<lb/> | ||
word of the expression, by which it<lb/> | word of the expression, by which it<lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
13 April 1826
Penal Code
B. I General Titles
Ch 13 Means of Repression Remedies
§. Satisfaction
English Practice
11
3 Vindicative none
Judge
3. Vindicative. Qual. Anything on this
head. As Attestative in every shape,
which, as above stated is no but a mode
of it, to wit the indicative indicative
12
Restitution is almost
every case refused
13
No satisfaction but
pecuniary damages
4 Restitutive. In English practice
satisfaction in this shape is in almost every
case if not in every case utterly refused. In
In the species of suit called a civil action,
being that in which the jury forms a constituent
part of the judicature, in no shape
is satisfaction ever given, but in the pecuniary
shape: that shape in which the characteristic
word of the expression, by which it
is given, is the word damages. Here then
14
By this means
option given to
wrong doer to
cease the wrong doing
or to pay the price
of the license for
continuing
Here then in every case is the option
given to the wrong doer, whether he will
cease giving continuance to the wrong
or pay the price of the license offered him
for he continuance of it. It is therefore to the convicted wrong doer in
every case, a matter of calculation. True
it is that before the function of calculation
is assigned to him, it has in relation
to his case been performed by the jury.
But by the jury, no such means nor any such
marking for correctness in the calculation have
been possessed in any case, as in every
case are sure to have been possessed by the
party concerned, the wrong doer. In every
case in which a secret benefit from the continuance of the
wrong is known only by himself, the jury have no knowledge of it, and
their calculation is by the whole value of it [...] to be erroneous. One of two either the penalty damage will in appearance be [...] or the offender will reap a real profit from his offence.
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Identifier: | JB/068/341/002"JB/" can not be assigned to a declared number type with value 68. |
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1826-04-13 |
11-14 |
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068 |
penal code |
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341 |
penal code |
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002 |
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copy/fair copy sheet |
1 |
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recto |
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john neal |
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22536 |
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