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<p>A distinction may <del>be</del> made between Malicious, &<lb/> wanton Malicious, which is done out of hatred<lb/> or competition [Avarice] or in pursuance of <add>a</add> thievish<lb/> design or mixed with Theft [say rather that Mischief<lb/> of the Wanton kind when mixed with Theft should<lb/> be punished as Malicious.</p><note>With Theft<lb/>, that is, with Theft<lb/>committed attempted<lb/>or intended.</note><p>Wanton which is done out of idleness or sport.<lb/> Punishment for Wanton to be always redeemable<lb/> by Fine at a <add>according to</add> certain <sic>tarif</sic>. proportions to the estimated<lb/> value.</p> | |||
By Night to be punished double.<lb/><p>In either case, it is either 1. <add>of immediate</add> Direct or 2. <add>by</add> Direct<lb/>is <add>consequential</add> measured by the value of the thing <add>itself</add> destroyed as of<lb/> a <add>at the time</add> Mill.</p> | |||
<p>Consequential is measured by the loss resulting afterwards<lb/> in consequence of such <unclear>distruction</unclear>: as that of<lb/> the profits of the Mill during the time which it will<lb/> take to erect a new one.</p><p>Mischief, of which the consequential loss is <add>inestimable</add> indefinite<lb/> should be punished by Punishment indefinite; <del><gap/></del><lb/><del>Bridge or Ferry</del> i=e by Imprisonment for life, for example<lb/> the destruction of a Bridge or Ferry: these cases should be<lb/><unclear>collected</unclear> into an <unclear>Aphorism.</unclear></p><pb/><p>When a man<del><gap/></del> is plainly proved to have <add><unclear>consented</unclear></add> some mischief<lb/>, the Jury may charge him merely from probable<lb/> circumstances with any direct proof with all the mischief<lb/> which appears to be then <add><unclear>done</unclear></add> to the same subject, &<lb/> which cannot otherwise be accounted for.</p><p>For it can scarcely ever happen, that a man shall<lb/> be <add>watched</add> seen through the whole progress of the mischief—<lb/> he is at a period earlier or later as it may happen;<lb/> and, the instant he is seen, <sic>endevors</sic> are used to make<lb/> him cease.</p>http://www.transcribe-bentham.da.ulcc.ac.uk/td/skins/common/images/jb-button-sic.png | |||
<p>Malicious Mischief is the destruction of the property<lb/> of another on <add>[malicious]</add> purpose by who [does<add>has no</add> not conceive<lb/> himself<add><unclear>instance</unclear> by Law</add> to have a Title by Law] so to do.</p><p>It is distinguished from Trespass (such a <unclear>Trespasses</unclear><lb/> is the proper subject of a civil Action having the simple<lb/> redress for it's object) by 2 circumstances expressed<lb/> in the definition — the absence of either of which in the<lb/> first place takes away the Terror: & consequently the<lb/> greatest part of mischief in the 2. place takes away<lb/> the motive of concealment: & consequently the difficulty<lb/> of repairing what remain.</p><head>MISCHIEF.</head><pb/><p>I have said "on purpose' rather than <sic>wilful</sic> <add>which is the word <gap/> used <unclear> in</unclear></add> for this reason</p><p>There are many cases not the proper objects of a criminal<lb/> prosecution where <!-- symbol --> the Will certainly concurs in the<lb/> destroying Act <!-- symbol --> tho' the destruction was nt the [very]<lb/> purpose of that Act — As for instance the treading<lb/> down corn or herbage in walking or pursuit of game.</p><p>These are not the proper objects of a criminal prosecution<lb/> because 1<hi rend='superscript'>st</hi> the motive being a very slight one in —<lb/> comparison of that of hatred the slight punishment<lb/> inflicted in a civil nation will be sufficient to <unclear>proceed</unclear><add>against it</add><lb/> 2<hi rend='superscript'>dly</hi> because it is a much or more apt to be committed<lb/> by persons responsible <add>to</add> in a civil action than by those<lb/> who are not so— 3<hi rend='superscript'>dly</hi> the mischief of it is very slight,<lb/>carrying no presumption of repetition, and the damage is trifling: for <add>if</add> it is considerable it will appear to be<lb/> the original end & design of the act & not a mere —<lb/> collateral event ensuing from the prosecution of another</p><lb/>[end]<p>In all other respects this offence may be healed in every<lb/> respect as <unclear>Spoliation</unclear><unclear>having</unclear> the same aggravations</p><pb/> | |||
A distinction may be made between Malicious, &
wanton Malicious, which is done out of hatred
or competition [Avarice] or in pursuance of a thievish
design or mixed with Theft [say rather that Mischief
of the Wanton kind when mixed with Theft should
be punished as Malicious.
With Theft
, that is, with Theft
committed attempted
or intended.
Wanton which is done out of idleness or sport.
Punishment for Wanton to be always redeemable
by Fine at a according to certain tarif. proportions to the estimated
value.
By Night to be punished double.
In either case, it is either 1. of immediate Direct or 2. by Direct
is consequential measured by the value of the thing itself destroyed as of
a at the time Mill.
Consequential is measured by the loss resulting afterwards
in consequence of such distruction: as that of
the profits of the Mill during the time which it will
take to erect a new one.
Mischief, of which the consequential loss is inestimable indefinite
should be punished by Punishment indefinite;
Bridge or Ferry i=e by Imprisonment for life, for example
the destruction of a Bridge or Ferry: these cases should be
collected into an Aphorism.
---page break---
When a man is plainly proved to have consented some mischief
, the Jury may charge him merely from probable
circumstances with any direct proof with all the mischief
which appears to be then done to the same subject, &
which cannot otherwise be accounted for.
For it can scarcely ever happen, that a man shall
be watched seen through the whole progress of the mischief—
he is at a period earlier or later as it may happen;
and, the instant he is seen, endevors are used to make
him cease.
http://www.transcribe-bentham.da.ulcc.ac.uk/td/skins/common/images/jb-button-sic.png
Malicious Mischief is the destruction of the property
of another on [malicious] purpose by who [doeshas no not conceive
himselfinstance by Law to have a Title by Law] so to do.
It is distinguished from Trespass (such a Trespasses
is the proper subject of a civil Action having the simple
redress for it's object) by 2 circumstances expressed
in the definition — the absence of either of which in the
first place takes away the Terror: & consequently the
greatest part of mischief in the 2. place takes away
the motive of concealment: & consequently the difficulty
of repairing what remain.
MISCHIEF.
---page break---
I have said "on purpose' rather than wilful which is the word used in for this reason
There are many cases not the proper objects of a criminal
prosecution where the Will certainly concurs in the
destroying Act tho' the destruction was nt the [very]
purpose of that Act — As for instance the treading
down corn or herbage in walking or pursuit of game.
These are not the proper objects of a criminal prosecution
because 1st the motive being a very slight one in —
comparison of that of hatred the slight punishment
inflicted in a civil nation will be sufficient to proceedagainst it
2dly because it is a much or more apt to be committed
by persons responsible to in a civil action than by those
who are not so— 3dly the mischief of it is very slight,
carrying no presumption of repetition, and the damage is trifling: for if it is considerable it will appear to be
the original end & design of the act & not a mere —
collateral event ensuing from the prosecution of another
[end]
In all other respects this offence may be healed in every
respect as Spoliationhaving the same aggravations
---page break---
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Identifier: | JB/070/278/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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278 |
mischief |
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001 |
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copy/fair copy sheet |
1 |
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recto |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23393 |
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