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<head>GENERAL ACCIDENT. <hi rend="superscript">2</hi> EXEMPTIONS</head> <p>ordinarily put by practical writers — A Man working with a Hatchet, the <unclear>head</unclear><lb/>of it flies off and kills a bystander: here an energy was intentionally<lb/>exerted by the agent, which energy was <add>eventually</add> the cause of the obnoxious act: <add>calamitous incident</add> but <add>was</add><lb/>not intentionally directed to it's production: <hi rend="superscript">||</hi> <note>|| or it might have been intentionally<lb/> directed to that object<lb/> taking him for some other — this<lb/> is ranked under the head of ignorance<lb/> by L. C J. | <head>GENERAL ACCIDENT. <hi rend="superscript">2</hi> EXEMPTIONS</head> | ||
<p>ordinarily put by practical writers — A Man working with a Hatchet, the <unclear>head</unclear><lb/> | |||
of it flies off and kills a bystander: here an energy was intentionally<lb/> | |||
exerted by the agent, which energy was <add>eventually</add> the cause of the obnoxious act: <add>calamitous incident</add> but <add>was</add><lb/> | |||
not intentionally directed to it's production: <hi rend="superscript">||</hi> <note>|| or it might have been intentionally<lb/> | |||
directed to that object<lb/> | |||
taking him for some other — this<lb/> | |||
is ranked under the head of ignorance<lb/> | |||
by L. C J. Hale.</note> | |||
it is equally evident that <add>Punishment</add><lb/> | |||
here too must be useless and for the same reason. Thus much is<lb/> | |||
plain to a degree that has not admitted of any variance <del>of the adjudged</del> <add>in/either in determination</add> easy<lb/> | |||
<add>opinions</add> from reason or from each other: for here, <add>in neither of these cases could any</add> no guilt (to recur to [the] <unclear>passive</unclear><lb/> | |||
expression could in any case be imputed; <del>nor as</del> since in <add>the</add> one [case] there <add>was</add> <lb/> | |||
properly speaking no <hi rend="underline">act</hi> at all done, and in the other the act that was<lb/> | |||
intended <add>to be done</add> was unquestionably lawful: so that vengeance <add>revenge</add> could end as shape<lb/> | |||
find a pretence. <add>pretext/spot wherein to fix itself</add> <hi rend="superscript">†</hi> <note>† Yet even here says <sic>S<hi rend="superscript">r</hi></sic><lb/> | |||
M Hale V.1. p.40 "the<lb/> | |||
Laws of England are to tender<lb/> | |||
of the life of man, and to<lb/> | |||
make men very cautious in<lb/> | |||
all their actions, that the party,<lb/> | |||
<sic>tho'</sic> his life be spared, yet<lb/> | |||
forfeits his goods, and must<lb/> | |||
expect the King's grace<lb/> | |||
to restore them." He should<lb/> | |||
rather have said, so ignorant<lb/> | |||
<add>& so heedless/incurious of the misery of the subject</add> the Judges, and so <del>corrupt</del> <add> rapacious</add><lb/> | |||
the Monarchs of those barbarous<lb/> | |||
times when this doctrine was<lb/> | |||
hatched <add>who used to run to every calamity public<lb/> | |||
& private as to a harvest.</add> — But such was<lb/> | |||
the Law, [& being so was<lb/> | |||
<add> to be praised</add> at any rate to be justified]<lb/> | |||
as usual, right or wrong, was<lb/> | |||
to be praised.</note> | |||
But it may happen that the act to which the energy <add>was</add> <lb/> | |||
<del>intention may have been</del> <add>directed though not mischievous</add> in the <add>same</add> way as the eventual act, was or was <add>deemed</add><lb/> | |||
by the law to be <del><gap/></del> so in some other: ǂ <note> ǂ And this energy may have been<lb/> | |||
directed either to the suffering object<lb/> | |||
or some other</note> | |||
What is to be done here? <unclear>play</unclear><lb/> | |||
upon our principle the same as in the other cases: the punishment must <add>still</add><lb/> | |||
be equally useless; the obnoxious act <del>along with that</del> <add>on which it is annexed</add> punishment being <add>equally</add><lb/> | |||
out of contemplation as before. The intended unlawful [act [has] <add>is provided with a <unclear>punishment</unclear></add> it's own<lb/> | |||
which attaches upon it with propriety & effect: whereas that annexed to the <gap/><lb/> | |||
obnoxious act is in all probability [improper <add>unsuitable</add>] & disproportionate <add>&improper</add> [to it].</p> | |||
<p>The reasoning here seems so clear <add>plain</add> & conclusive <add>convincing</add>. [Whether it may have been so <add>here</add><lb/> | |||
expressed or no] that upon this view one might think it scarce possible <add>that</add> <lb/> | |||
the decisions should have been contrary — nevertheless they are so<lb/> | |||
<add>plainly/simply</add> for this cause, <add><del>simply/plainly</del></add> because here is guilt; and <add>the principle of</add> vengeance has got a ground<lb/> | |||
to stand upon.</p> | |||
<p>Let us examine them. "<sic>S<hi rend="superscript">r</hi></sic> J. Chichester <del><gap/> his Man or Servant who</del> <add>was indicted of Manslaughter</add> <lb/> | |||
<del>very well loved, were playing together the Man had a <sic>bedstaff</sic> in his hand, & <sic>S<hi rend="superscript">r</hi></sic><lb/> | |||
John had his Rapier in the Scabbard. <sic>S<hi rend="superscript">r</hi></sic> John</del><lb/> | |||
and tried at the Bar of the King's Bench, and the evidence was that he and his<lb/> | |||
whom he very well loved (says <sic>S<hi rend="superscript">r</hi></sic> M Hale) who heard it) were playing at foils, <unclear>and</unclear></p> | |||
<p><note>Whether a man shall be ruined<lb/> | |||
or not <add>to no purpose</add> for being unfortunate<lb/> | |||
<add><unclear>at</unclear> this hour</add> depends upon the mercy of the<lb/> | |||
Sovereign. [<sic>Qu.</sic> how this is] A<lb/> | |||
is is <foreign>quasi de Jure</foreign> . 1<hi rend="superscript">st</hi> H.P.C.<lb/> | |||
477. & to be sure is never deemed.<lb/> | |||
but the keeping up the <unclear>price</unclear> is a <!-- continues into main text area --> course of perplexity. <add>& a man is not as is then said. [<sic>Qu.</sic> how the practise is] to be discharged but upon Bail v. Pr. P. Law 196</add> Whatever does no good, does harm — an universal & important axiom in Legislation.</note></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
GENERAL ACCIDENT. 2 EXEMPTIONS
ordinarily put by practical writers — A Man working with a Hatchet, the head
of it flies off and kills a bystander: here an energy was intentionally
exerted by the agent, which energy was eventually the cause of the obnoxious act: calamitous incident but was
not intentionally directed to it's production: || || or it might have been intentionally
directed to that object
taking him for some other — this
is ranked under the head of ignorance
by L. C J. Hale.
it is equally evident that Punishment
here too must be useless and for the same reason. Thus much is
plain to a degree that has not admitted of any variance of the adjudged in/either in determination easy
opinions from reason or from each other: for here, in neither of these cases could any no guilt (to recur to [the] passive
expression could in any case be imputed; nor as since in the one [case] there was
properly speaking no act at all done, and in the other the act that was
intended to be done was unquestionably lawful: so that vengeance revenge could end as shape
find a pretence. pretext/spot wherein to fix itself † † Yet even here says Sr
M Hale V.1. p.40 "the
Laws of England are to tender
of the life of man, and to
make men very cautious in
all their actions, that the party,
tho' his life be spared, yet
forfeits his goods, and must
expect the King's grace
to restore them." He should
rather have said, so ignorant
& so heedless/incurious of the misery of the subject the Judges, and so corrupt rapacious
the Monarchs of those barbarous
times when this doctrine was
hatched who used to run to every calamity public
& private as to a harvest. — But such was
the Law, [& being so was
to be praised at any rate to be justified]
as usual, right or wrong, was
to be praised.
But it may happen that the act to which the energy was
intention may have been directed though not mischievous in the same way as the eventual act, was or was deemed
by the law to be so in some other: ǂ ǂ And this energy may have been
directed either to the suffering object
or some other
What is to be done here? play
upon our principle the same as in the other cases: the punishment must still
be equally useless; the obnoxious act along with that on which it is annexed punishment being equally
out of contemplation as before. The intended unlawful [act [has] is provided with a punishment it's own
which attaches upon it with propriety & effect: whereas that annexed to the
obnoxious act is in all probability [improper unsuitable] & disproportionate &improper [to it].
The reasoning here seems so clear plain & conclusive convincing. [Whether it may have been so here
expressed or no] that upon this view one might think it scarce possible that
the decisions should have been contrary — nevertheless they are so
plainly/simply for this cause, simply/plainly because here is guilt; and the principle of vengeance has got a ground
to stand upon.
Let us examine them. "Sr J. Chichester his Man or Servant who was indicted of Manslaughter
very well loved, were playing together the Man had a bedstaff in his hand, & Sr
John had his Rapier in the Scabbard. Sr John
and tried at the Bar of the King's Bench, and the evidence was that he and his
whom he very well loved (says Sr M Hale) who heard it) were playing at foils, and
Whether a man shall be ruined
or not to no purpose for being unfortunate
at this hour depends upon the mercy of the
Sovereign. [Qu. how this is] A
is is quasi de Jure . 1st H.P.C.
477. & to be sure is never deemed.
but the keeping up the price is a course of perplexity. & a man is not as is then said. [Qu. how the practise is] to be discharged but upon Bail v. Pr. P. Law 196 Whatever does no good, does harm — an universal & important axiom in Legislation.
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general accident exemptions |
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