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<head>4.  C</head>
<head><del>Of Injuries to</del> <add><del><unclear>affecting</unclear></del></add> <del>the liberty of loco-motion.</del></head><!-- left aligned -->
<!-- first horizontal line of header -->
<head><note><add>4</add></note>  Of <del>Unlawful</del> Confinement.</head><!-- indent -->
<!-- second horizontal line of header -->
<head>3 .</head><!-- centre -->
<p><!-- indent --><note>So with regard to the consequences.</note>  So with regard to the consequences . If the case was so
<lb/>
that it particularly concerned the party injured in point of
<lb/>
fortune for instance, or reputation or marriage or preferment ,
<lb/>
to be at a particular time in a particular place; and
<lb/>
the effect of the confinement was to debar him from being
<lb/>
at that time in that place , whereby he suffered in any of
<lb/>
those respects : And it would also concern the offender in
<lb/>
any of those respects to be at a particular time in a particular
<lb/>
place : let him be debarred from being at the time aforesaid
<lb/>
in the place aforesaid.
<lb/></p>
<head>4</head><!-- centre -->
<p><!-- indent -->Let these instructions be the more particularly observed
<lb/>
if such hardships were occasioned  <note>&#x2014; particularly if directly intentional.</note> or such prejudicial consequences brought about by design , and in contemplation
<lb/>
of the additional suffering they were calculated to produce:
<lb/>
<add>that is if they were intentional : particularly if they were directly intentional.+  <note><hi rend='superscript'>+</hi> See Introd. Ch. Of Intentionality .</note></add>
<lb/></p>
<p><!-- indent -->3.  <note>General Rule of construction.</note>  In adjusting the punishment to the offence, the turn
<lb/>
of the scale may in this case be against the offender ; so
<lb/>
that if he cannot be made to suffer precisely the same
<lb/>
mischief he <add>may be made to</add> <del>shall</del> suffer a greater rather than a less.  <add>The</add>
<lb/></p>




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Revision as of 20:06, 28 August 2011

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4. C Of Injuries to affecting the liberty of loco-motion. 4 Of Unlawful Confinement. 3 .

So with regard to the consequences. So with regard to the consequences . If the case was so
that it particularly concerned the party injured in point of
fortune for instance, or reputation or marriage or preferment ,
to be at a particular time in a particular place; and
the effect of the confinement was to debar him from being
at that time in that place , whereby he suffered in any of
those respects : And it would also concern the offender in
any of those respects to be at a particular time in a particular
place : let him be debarred from being at the time aforesaid
in the place aforesaid.

4

Let these instructions be the more particularly observed
if such hardships were occasioned — particularly if directly intentional. or such prejudicial consequences brought about by design , and in contemplation
of the additional suffering they were calculated to produce:
that is if they were intentional : particularly if they were directly intentional.+ + See Introd. Ch. Of Intentionality .

3. General Rule of construction. In adjusting the punishment to the offence, the turn
of the scale may in this case be against the offender ; so
that if he cannot be made to suffer precisely the same
mischief he may be made to shall suffer a greater rather than a less. The



Identifier: | JB/071/116/004"JB/" can not be assigned to a declared number type with value 71.

Date_1

Marginal Summary Numbering

1-7, 1-5

Box

071

Main Headings

penal code

Folio number

116

Info in main headings field

of confinement

Image

004

Titles

Category

copy/fair copy sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f1 / f2 / f3 / f4

Penner

Watermarks

[[watermarks::myears [lion with crown emblem]]]

Marginals

Paper Producer

caroline fox

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

23519

Box Contents

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