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<head>Offences against Reputation.</head> | <head>Offences against Reputation.</head> | ||
<p><note>PROCED. 3<!-- in pencil --> Reasons why in the instrument of accusation <del>6</del>ive charges may be contained <!-- following in pencil: --> indeterminateness of the intent of names of moral qualities — confined to one the <add>plaintiff</add> might lose his cause: though even in the opinion of the Judge the <gap/> was well founded: an imputation being cast though not | <p><note>PROCED. 3<!-- in pencil --> Reasons why in the instrument of accusation <del>6</del>ive charges may be contained <!-- following in pencil: --> indeterminateness of the intent of names of moral qualities — confined to one the <add>plaintiff</add> might lose his cause: though even in the opinion of the Judge the <gap/> was well founded: an imputation being cast though not precisely the all-<gap/> the description <gap/>upon by the <gap/></note> The reason of <del>making the</del> allowing this latitude<lb/> | ||
in the instrument of accusation is the <del>vagueness</del> <add>unsteadiness</add><lb/> | in the instrument of accusation is the <del>vagueness</del> <add>unsteadiness</add><lb/> | ||
and uncertainty of the import of the terms in use<lb/> | and uncertainty of the import of the terms in use<lb/> | ||
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of the terms used to express the several sorts of<lb/> | of the terms used to express the several sorts of<lb/> | ||
political offences is or may be made considerably<lb/> | political offences is or may be made considerably<lb/> | ||
more steady and explicit. Were the Pltf. <del> | more steady and explicit. Were the Pltf. <del>altho</del><lb/> | ||
confined to the choice of a single term to denote<lb/> | confined to the choice of a single term to denote<lb/> | ||
any such quality it is very likely his notion of<lb/> | any such quality it is very likely his notion of<lb/> | ||
C 15 9
Offences against Reputation.
PROCED. 3 Reasons why in the instrument of accusation 6ive charges may be contained indeterminateness of the intent of names of moral qualities — confined to one the plaintiff might lose his cause: though even in the opinion of the Judge the was well founded: an imputation being cast though not precisely the all- the description upon by the The reason of making the allowing this latitude
in the instrument of accusation is the vagueness unsteadiness
and uncertainty of the import of the terms in use
to denote the several qualities that are looked
upon as disreputable [in men]. The sense import
of the terms used to express the several sorts of
political offences is or may be made considerably
more steady and explicit. Were the Pltf. altho
confined to the choice of a single term to denote
any such quality it is very likely his notion of
it and that of the Judge might not coincide.
The consequence would be that though he had sustained
a real injury, and that such an one as
the Deft had he not been guilty would have
been sufficiently advertised of to have disproved it
yet, from the a misapprehension of the terms most proper
for avoiding his to employ in making his complaint
of it, he must lose his cause.
Punishment In a suit for defamation the Judge may do
either of things.
1. He may dismiss the complaint, neither party
making submission to the other, and each party sitting
down with his own costs.
2. He may declare the fact well charge contained conveyd
in the defamation well proved and in that account
dismiss the complaint charging the Pltf with costs.
2. He may declare the charge not sufficiently
proved but that the Pltf had probable ground
for making it
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Identifier: | JB/072/026/001"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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026 |
offences against reputation |
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001 |
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text sheet |
2 |
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recto |
d15 / f9 / d16 / f10 |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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23643 |
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