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15.< | <head>15.</head> | ||
alienees of the Wrong-doer.< | <head>C</head> | ||
<head>Of Compensation</head> | |||
<p><note>§ect. VI.</note><lb/>§. VI. Favour to be shown to a party damnified<lb/>against the | |||
alienees of the Wrong-doer.</p> | |||
<p>1.<lb/><note>Restitution of a thing aliened by certain offences may be exacted from any possessor.</note><lb/>A party who has been deprived of the possession<lb/>of a thing by means of Theft, Embezzlement, Fraudulent Substitution<lb/>or Robbery shall be entitled to have it restored to him, be <add>it</add> what it<lb/>will, so the identity of it can be ascertained; and that into whose<lb/>possession soever it may have come.</p> | |||
<p>2.<lb/><note>Upon what terms from <hi rend='underline'>bona fide</hi> possessors.</note><lb/>If the person into whose possession it has since <lb/>come, obtained it <hi rend='underline'>bona fide</hi>, the party from whom it was unlawfully<lb/>taken must in that case pay him half the value of whatsoever<lb/>he gave for it, yet so as not to exceed the saleable value<lb/>which it had at the time of his acquiring it: and if he<lb/>gave nothing, he shall have nothing.</p> | |||
<p>3.<lb/><note>Upon what term from <hi rend='underline'>mala fide</hi> possessors.</note><lb/>If he obtained it <hi rend='underline'>mala fide</hi> <hi rend='superscript'>(a)</hi> he shall have nothing.</p> | |||
<head>Reasons</head>. | |||
<p><note>1. The suffering of the original owner can turn to no account.</note><lb/>1. No advantage can result from favouring the subsequent <sic>possor</sic> <!-- This is probably a isspelling of the word possessor. --> <lb/>in preference to the original. By making the subsequent<lb/>possessor share in the loss, the following advantages are gained.</p> | |||
<head>Note.</head> | |||
<p><hi rend='superscript'>(a)</hi>[<hi rend='underline'>Mala fide</hi>] A man may be said to possess a thing <hi rend='underline'>mala fide</hi> when it<lb/>appears that he must have suspected upon just grounds that the person from<lb/>whom he had it had no title to make it over to him.</p> | |||
15. C Of Compensation
§ect. VI.
§. VI. Favour to be shown to a party damnified
against the
alienees of the Wrong-doer.
1.
Restitution of a thing aliened by certain offences may be exacted from any possessor.
A party who has been deprived of the possession
of a thing by means of Theft, Embezzlement, Fraudulent Substitution
or Robbery shall be entitled to have it restored to him, be it what it
will, so the identity of it can be ascertained; and that into whose
possession soever it may have come.
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 term from mala fide possessors.
If he obtained it mala fide (a) he shall have nothing.
Reasons.
1. The suffering of the original owner can turn to no account.
1. No advantage can result from favouring the subsequent possor
in preference to the original. By making the subsequent
possessor share in the loss, the following advantages are gained.
Note.
(a)[Mala fide] A man may be said to possess a thing mala fide when it
appears that he must have suspected upon just grounds that the person from
whom he had it had no title to make it over to him.
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Identifier: | JB/098/046/003"JB/" can not be assigned to a declared number type with value 98. |
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8-13, 1-3, 1-2, 1 |
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098 |
penal code |
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046 |
of compensation |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31654 |
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