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<p><note>Upon what terms from <foreign><hi rend='underline'>bona Fide</hi></foreign> possessors.</note> If the person into whose possession it has since come, obtained<lb/> it <foreign><hi rend='underline'>bona Fide</hi></foreign>, the party from whom it was unlawfully<lb/> taken must in that case pay him half the value of <lb/>whatsoever he gave for it, yet so as not to exceed the saleable<lb/> value which it had at the time of his acqu<add>i</add>ring it: <lb/>and if he gave nothing, he shall have nothing.</p> | <p><note>Upon what terms from <foreign><hi rend='underline'>bona Fide</hi></foreign> possessors.</note> If the person into whose possession it has since come, obtained<lb/> it <foreign><hi rend='underline'>bona Fide</hi></foreign>, the party from whom it was unlawfully<lb/> taken must in that case pay him half the value of <lb/>whatsoever he gave for it, yet so as not to exceed the saleable<lb/> value which it had at the time of his acqu<add>i</add>ring it: <lb/>and if he gave nothing, he shall have nothing.</p> | ||
<head>3.</head> | |||
<p><note>Upon what terms from <foreign><hi rend='underline'>Mala fide</hi></foreign> possessors.</note> If he obtained it <foreign><hi rend='underline'>mala Fide</hi></foreign> <hi rend='superscript'>(a)</hi> he shall have nothing. </p> | |||
<head>Reasons.</head> | |||
<p>1. <note>1. The suffering of the <del>or</del> original owner owner can turn to no account</note> No advantage can result from favouring the subsequent<lb/> possessor in preference to the original owner. By making <lb/>the subsequent possessor share in the loss the following <lb/>advantages are gained:</p> | |||
<p>2. <note>2. That of the Subsequent possessor may, in the way of presentation.</note> There will always be a possibility, although there <lb/> <add>should</add> | |||
</p> | |||
C 19.
Of Compensation.
2.
Upon what terms from bona Fide possessors. If the person into whose possession it has since come, obtained
it bona Fide, the party from whom it was unlawfully
taken must in that case pay him half the value of
whatsoever he gave for it, yet so as not to exceed the saleable
value which it had at the time of his acquiring it:
and if he gave nothing, he shall have nothing.
3.
Upon what terms from Mala fide possessors. If he obtained it mala Fide (a) he shall have nothing.
Reasons.
1. 1. The suffering of the or original owner owner can turn to no account No advantage can result from favouring the subsequent
possessor in preference to the original owner. By making
the subsequent possessor share in the loss the following
advantages are gained:
2. 2. That of the Subsequent possessor may, in the way of presentation. There will always be a possibility, although there
should
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Identifier: | JB/098/036/003"JB/" can not be assigned to a declared number type with value 98. |
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11-13, 1-3, 1-2 |
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098 |
penal code |
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036 |
of compensation |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f17 / f18 / f19 / f20 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31644 |
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