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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 --> | |||
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<head><note><add>4</add></note> Of <del>Unlawful</del> Confinement.</head><!-- indent --> | |||
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<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 | |||
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that it particularly concerned the party injured in point of | |||
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fortune for instance, or reputation or marriage or preferment , | |||
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to be at a particular time in a particular place; and | |||
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the effect of the confinement was to debar him from being | |||
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at that time in that place , whereby he suffered in any of | |||
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those respects : And it would also concern the offender in | |||
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any of those respects to be at a particular time in a particular | |||
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place : let him be debarred from being at the time aforesaid | |||
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in the place aforesaid. | |||
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<head>4</head><!-- centre --> | |||
<p><!-- indent -->Let these instructions be the more particularly observed | |||
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if such hardships were occasioned <note>— particularly if directly intentional.</note> or such prejudicial consequences brought about by design , and in contemplation | |||
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of the additional suffering they were calculated to produce: | |||
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<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> | |||
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<p><!-- indent -->3. <note>General Rule of construction.</note> In adjusting the punishment to the offence, the turn | |||
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of the scale may in this case be against the offender ; so | |||
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that if he cannot be made to suffer precisely the same | |||
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mischief he <add>may be made to</add> <del>shall</del> suffer a greater rather than a less. <add>The</add> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
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. |
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1-7, 1-5 |
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071 |
penal code |
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116 |
of confinement |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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23519 |
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