★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 11: | Line 11: | ||
<p><note>Death under confinement accelerated by Negligence.</note> especially. if there appear any particular <hi rend='superscript'>(a)</hi> reason for<lb/> | <p><note>Death under confinement accelerated by Negligence.</note> especially. if there appear any particular <hi rend='superscript'>(a)</hi> reason for<lb/> | ||
<del> | <del>it <unclear>suppose</unclear></del> <add>supposing</add> that his death was in any wise accelerated<lb/> | ||
by the closeness or severity of the confinement; <add>and this</add> although<lb/> | by the closeness or severity of the confinement; <add>and this</add> although<lb/> | ||
the offender did not expressly intend the confinement for<lb/> | the offender did not expressly intend the confinement for<lb/> | ||
that purpose.</p> | that purpose.</p> | ||
<p><del>In such cases let the Offender be punished more</del> | |||
<del>or less according to the grossness of his negligence. <add>To p. 42.</add></del></p> | |||
<p><del>Other Aggravations are the same as in Simple</del><lb/> | |||
<del>Personal Injuries: which See. <add>To p. 44.</add></del></p> | |||
<head><del>Excuses</del></head> | |||
<head>Extenuations</head> | |||
<p><del>And the same as in Simple personal Injuries which</del><lb/> | |||
<del>See.</del></p> | |||
<head>Exposition</head> | |||
<p>[(a) Particular] <foreign>Prima<!-- circumflex --> faecie<!-- ligature --></foreign> the presumption is<lb/> | |||
that the confinement contributed to the death:<lb/> | |||
since <del><gap/></del> <add>affliction</add> in general is apt to shorten life.<lb/> | |||
But if the confinement is <del><gap/></del> in any degree<lb/> | |||
close or severe it will usually be <del><gap/></del> attended<lb/> | |||
with some particular circumstances which have<lb/> | |||
a particular assignable tendency to produce<lb/> | |||
that effect: for instance want of air and exercise.</p> | |||
<head>VII</head> | |||
<p>Other Aggravations are the same as in Simple<lb/> | |||
personal Injuries: which see. <add>To p. 44</add></p> | |||
<pb/> | |||
---page break---
C 11
Of Injuries affecting affecting to the liberty of loco-motion
Of Unlawful Confinement 11
Death under confinement accelerated by Negligence. especially. if there appear any particular (a) reason for
it suppose supposing that his death was in any wise accelerated
by the closeness or severity of the confinement; and this although
the offender did not expressly intend the confinement for
that purpose.
In such cases let the Offender be punished more or less according to the grossness of his negligence. To p. 42.
Other Aggravations are the same as in Simple
Personal Injuries: which See. To p. 44.
Excuses
Extenuations
And the same as in Simple personal Injuries which
See.
Exposition
[(a) Particular] Prima faecie the presumption is
that the confinement contributed to the death:
since affliction in general is apt to shorten life.
But if the confinement is in any degree
close or severe it will usually be attended
with some particular circumstances which have
a particular assignable tendency to produce
that effect: for instance want of air and exercise.
VII
Other Aggravations are the same as in Simple
personal Injuries: which see. To p. 44
---page break---
|
Identifier: | JB/071/118/003"JB/" can not be assigned to a declared number type with value 71. |
|||
|---|---|---|---|
|
12 |
|||
|
071 |
penal code |
||
|
118 |
of confinement |
||
|
003 |
|||
|
copy/fair copy sheet |
4 |
||
|
recto |
f9 / f10 / f11 / f12 |
||
|
[[watermarks::myears [lion with crown emblem]]] |
|||
|
caroline fox |
|||
|
23521 |
|||
