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<p>1826. <del>April</del> May 1.<lb/> | |||
<head>Penal Code</head><note>B.I.<lb/> | |||
Ch. XII. Offences <gap/> Sovereignty<lb/> | |||
§. 2. Treason</note></p> | |||
<p>Publick offences.</p> | |||
<p>Art 1. <add>By Treason understand</add> Treason is accessory-ship to hostility on the<lb/> | |||
part of a foreign power. For the modes accessaryship<lb/> | |||
see B1. Ch. 8 Co-offenders. Justifications none.<lb/> | |||
Extenuations 1. Physical compulsion:<lb/> | |||
<del>Memo.</del> | |||
2. Intimidation.</p> | |||
<p>Note the difference between exercise of hostility<lb/> | |||
supply of the warlike instruments of hostility, &<lb/> | |||
supply of the unwarlike <add>non-military</add> instruments of hostility, such<lb/> | |||
as food, drink, lodging and clothing.</p> | |||
<p>In regard to treasonable information, note<lb/> | |||
the exercise of means of or instruments of hostility<lb/> | |||
to which as above, the information is subservient.</p> | |||
<p>The efficiency of the extenuation will be, in the<lb/> | |||
conjunct ration of the smallness of the damage done,<lb/> | |||
attempted, or prepared to be attempted on the one hand,<lb/> | |||
and the probability <add>and propinquity</add> added to the magnitude of the<lb/> | |||
one threatened, on the other part.</p> | |||
<p>The efficiency of the extenuation may be<lb/> | |||
such as afford a sufficient reason for exemption<lb/> | |||
from all punishment; for example, when<lb/> | |||
the service rendered to the enemy is exacted by<lb/> | |||
torture, or threat likely to be realized of instant death; but not even in the<lb/> | |||
case, will it be understood to be <gap/> with <unclear>pro0priety</unclear> by the name of justification.<lb/> | |||
Reason in this case – manifest <unclear>ineffectiveness</unclear> of legal punishment.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. April May 1.
Penal CodeB.I.
Ch. XII. Offences Sovereignty
§. 2. Treason
Publick offences.
Art 1. By Treason understand Treason is accessory-ship to hostility on the
part of a foreign power. For the modes accessaryship
see B1. Ch. 8 Co-offenders. Justifications none.
Extenuations 1. Physical compulsion:
Memo.
2. Intimidation.
Note the difference between exercise of hostility
supply of the warlike instruments of hostility, &
supply of the unwarlike non-military instruments of hostility, such
as food, drink, lodging and clothing.
In regard to treasonable information, note
the exercise of means of or instruments of hostility
to which as above, the information is subservient.
The efficiency of the extenuation will be, in the
conjunct ration of the smallness of the damage done,
attempted, or prepared to be attempted on the one hand,
and the probability and propinquity added to the magnitude of the
one threatened, on the other part.
The efficiency of the extenuation may be
such as afford a sufficient reason for exemption
from all punishment; for example, when
the service rendered to the enemy is exacted by
torture, or threat likely to be realized of instant death; but not even in the
case, will it be understood to be with pro0priety by the name of justification.
Reason in this case – manifest ineffectiveness of legal punishment.
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Identifier: | JB/065/136/001"JB/" can not be assigned to a declared number type with value 65. |
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1826-05-01 |
7-11 |
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065 |
Penal Code |
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136 |
Penal Code |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
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20789 |
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