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<head>Offences<!-- 1 word, larger font --> against the external Security of the State<!-- 1 word, larger font -->.</head> | <head>Offences<!-- 1 word, larger font --> against the external Security of the State<!-- 1 word, larger font -->.</head> | ||
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<p>to a member of the state : to wit where he has reason | <p>to a member of the state: to wit where he has reason | ||
<lb/> | <lb/> | ||
to entertain a particular assurance of such extraordinary | to entertain a particular assurance of such extraordinary | ||
<lb/> | <lb/> | ||
protection . | protection. Such reason may be derived either 1. | ||
<lb/> | <lb/> | ||
from <hi rend='underline'>convention</hi> ; or 2. | from <hi rend='underline'>convention</hi>; or 2. from <hi rend='underline'>custom</hi>. When from convention | ||
<lb/> | <lb/> | ||
such convention may either be 1. | such convention may either be 1. <hi rend='underline'>general</hi>, extending | ||
<lb/> | <lb/> | ||
to a whole class of persons not individually in | to a whole class of persons not individually in | ||
<lb/> | <lb/> | ||
contemplation : of which kind is a <hi rend='underline'>capitulation</hi> : or 2. | contemplation: of which kind is a <hi rend='underline'>capitulation</hi>: or 2. <hi rend='underline'>particular</hi>, | ||
<lb/> | <lb/> | ||
extending only to one or a few persons who are | extending only to one or a few persons who are | ||
<lb/> | <lb/> | ||
individually in contemplation ; of which kind is a <hi rend='underline'>Safe-conduct</hi>. | individually in contemplation; of which kind is a <hi rend='underline'>Safe-conduct</hi>. | ||
<lb/> | <lb/> | ||
As to <hi rend='underline'>custom</hi>, it affords one assurance of protection | As to <hi rend='underline'>custom</hi>, it affords one assurance of protection | ||
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enemies as laying aside their hostile disposition for a | enemies as laying aside their hostile disposition for a | ||
<lb/> | <lb/> | ||
time appear with proposals and designs of amity. | time appear with proposals and designs of amity. Among | ||
<lb/> | <lb/> | ||
the marks made use of to testify such designs | the marks made use of to testify such designs | ||
<lb/> | <lb/> | ||
the most common is a flag, called a flag of truce. | the most common is a flag, called a flag of truce. In | ||
<lb/> | <lb/> | ||
all these cases what the Law has to do is to constitute | all these cases what the Law has to do is to constitute | ||
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this circumstance an aggravation applicable to the several | this circumstance an aggravation applicable to the several | ||
<lb/> | <lb/> | ||
sorts of injuries of which individuals are susceptible. | sorts of injuries of which individuals are susceptible. <del>The mischief of</del> <add>As to the mischief there would be in</add> denying protection to persons so | ||
<lb/> | <lb/> | ||
circumstanced, <add>this</add> is evident enough ; the tendency of such | circumstanced, <add>this</add> is evident enough; the tendency of such | ||
<lb/> | <lb/> | ||
denial is to perpetuate the miseries of war. <add>Now</add> | denial is to perpetuate the miseries of war. <add>Now</add> | ||
12 C
Offences against the external Security of the State.
to a member of the state: to wit where he has reason
to entertain a particular assurance of such extraordinary
protection. Such reason may be derived either 1.
from convention; or 2. from custom. When from convention
such convention may either be 1. general, extending
to a whole class of persons not individually in
contemplation: of which kind is a capitulation: or 2. particular,
extending only to one or a few persons who are
individually in contemplation; of which kind is a Safe-conduct.
As to custom, it affords one assurance of protection
among all civilized nations in favour of such
enemies as laying aside their hostile disposition for a
time appear with proposals and designs of amity. Among
the marks made use of to testify such designs
the most common is a flag, called a flag of truce. In
all these cases what the Law has to do is to constitute
this circumstance an aggravation applicable to the several
sorts of injuries of which individuals are susceptible. The mischief of As to the mischief there would be in denying protection to persons so
circumstanced, this is evident enough; the tendency of such
denial is to perpetuate the miseries of war. Now
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Identifier: | JB/072/049/004"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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049 |
offences against the external security of the state |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23666 |
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