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<head><del><gap/></del> 4) Personal Injuries <del>Errors of the Law</del> <add>Strictures</add> <note>Inserenda.</note></head> | |||
<p><note>Force and Arms</note> not be produced.<lb/> | |||
is punished for doing an act [which] [In circumstances under<lb/> | |||
which] he never did it.</p> | |||
<p><note>in a scene of continual <add><sic>falshood</sic> &</add> iniquity.</note> It were <sic>somthing</sic> if this <sic>falshood</sic> were necessary<lb/> | |||
to the production of any good effect: for even<lb/> | |||
truth must give way <add>yield</add> to the ends of truth. But<lb/> | |||
the fact is, it is utterly <add>altogether</add> unnecessary, wanton<lb/> | |||
and gratuitous; and has an other end there to<lb/> | |||
expose the Law to well-merited contempt.</p> | |||
<p><note>Assault.</note> "A man cannot justify an Assault", says M<hi rend='superscript'>r</hi> Buller, <hi rend='superscript'>+</hi> <note>+ Introd. p. 18</note><lb/> | |||
"in defence of his Possession; but he ought to say; <foreign>molliter</foreign><lb/> | |||
<foreign>manus imposuit:</foreign> So an Officer cannot justify <hi rend='underline'>more</hi><lb/> | |||
than the Assault by virtue of the Arrest, without <sic>shewing</sic><lb/> | |||
that the Plft resisted or endeavoured to rescue himself.</p> | |||
<p><add>By the word Assault</add> In the first of these passages <del>the word Assault</del> is<lb/> | |||
meant an act of less violence than would be sufficient<lb/> | |||
to <del>turn out</del> force <del>a thing</del> out of a man's hands a thing<lb/> | |||
which he was endeavouring to keep hold of: the forcing<lb/> | |||
a thing out of a <sic>mans</sic> hands if it be a moveable,<lb/> | |||
or the <del>thing</del> turning him out of the house or Land if<lb/> | |||
it be a House or a piece of Land, is an act of less<lb/> | |||
violence than an Assault. <del>In the latter passage <gap/></del><lb/> | |||
No act is an Assault that does not carry with it less<lb/> | |||
violence than is requisite for the abovementioned<lb/> | |||
purposes.</p> | |||
<p>In the latter passage every <add>any</add> act is an assault that exceeds<lb/> | |||
the slightest touch that can be given a man: for<lb/> | |||
it is such slightest touch that constitutes what is called the <add>Fault</add></p> | |||
<pb/> | |||
---page break---
4) Personal Injuries Errors of the Law Strictures Inserenda.
Force and Arms not be produced.
is punished for doing an act [which] [In circumstances under
which] he never did it.
in a scene of continual falshood & iniquity. It were somthing if this falshood were necessary
to the production of any good effect: for even
truth must give way yield to the ends of truth. But
the fact is, it is utterly altogether unnecessary, wanton
and gratuitous; and has an other end there to
expose the Law to well-merited contempt.
Assault. "A man cannot justify an Assault", says Mr Buller, + + Introd. p. 18
"in defence of his Possession; but he ought to say; molliter
manus imposuit: So an Officer cannot justify more
than the Assault by virtue of the Arrest, without shewing
that the Plft resisted or endeavoured to rescue himself.
By the word Assault In the first of these passages the word Assault is
meant an act of less violence than would be sufficient
to turn out force a thing out of a man's hands a thing
which he was endeavouring to keep hold of: the forcing
a thing out of a mans hands if it be a moveable,
or the thing turning him out of the house or Land if
it be a House or a piece of Land, is an act of less
violence than an Assault. In the latter passage
No act is an Assault that does not carry with it less
violence than is requisite for the abovementioned
purposes.
In the latter passage every any act is an assault that exceeds
the slightest touch that can be given a man: for
it is such slightest touch that constitutes what is called the Fault
---page break---
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Identifier: | JB/072/155/004"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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155 |
pers. inj. simple - strictures of the law |
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004 |
force and arms / assault |
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text sheet |
4 |
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recto |
e1 / e2 / e3 / e4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23772 |
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