JB/064/140/001

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1827. Jany. 30.
Penal Code.

Ch. XII. Remedies.
§. Satisfactive remedies

1.
Of satisfactive remedy,
the object – to produce
satisfaction to Wrongee.

2.
Satisfaction compleat
when to wrongee the
repetition of the offence,
followed by satisfaction
or security from
the offence, is matter
of indifference.

3.
Extra-satisfaction
is more than compleat.

4.
Infra-satisfaction,
less than compleat.

5.
Better extra-satisfaction
than infra-satisfaction
– as the overplus
may operate
in prevention of repetition
of the offence.

6.
Sub-modes of satisfaction –
1. Compensative
2. Restitutive
3. Attestative
4. Vindictive 5. Vindictive say expurgative.

7.
Satisfaction is attestative,
when affirmation
is furnished of a
matter of fact by the disbelief
of which wrongee's
interest is injured.

8.
Attestative-instrument
is the written instrumt.
by which this attestation
is furnished.
It may be furnished
1. By the Judge
2. By the wronger.

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Ch. XII. Remedies.
§. Satisfactive remedies

9.
If wronger furnished
attestation instrument
of his own free consent
it will be accepted as
proof of his desire to
do justice.
But if not by his free
consent, it will not be
accepted.

10.
Offences to which attestative
satisfaction is applicable
are –
I. Applying to reputation.
1. Wrongful dpreciation.
2. Usurpation of reputation.
3. Wrongful transference of reputation.
4. Wrongful interception of reputation.
II. Applying to title
1. Wrongful non-collation
2. Wrongful ablation
3. Usurpation.
4. Wrongful transference 5. Wrongful interception.
III. Applying to obligation to bear a burthen.
1. Wrongful non-oneration
2. Wrongful exoneration
3. Wrongful self oneration
4. Wrongful trans-oneration.
5. Wrongful interception.

12.⊞
⊞11
Restitution is either
1. Identical or
2. Equivalent

12.
Identical restitution
may be equivalent, but
may fail of being so–
1. by deterioration of substance
2. by gradual use or corruption,
3. by alteration in exchangeable value.

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Ch. XII. Remedies.
§. Satisfactive Remedies

13.
If subject matter of
restitution has increased
in value, it's
restitution or non restitution
will depend
1. Upon Wronger's sincerity.
2. Upon the difference
between anterior and
posterior state of the
thing.
3. Upon the it's value to
wrongee at the two periods
respectively.
4. Upon wrongee's affection
for it.
5. Upon wronger's having
or not having spent capital
on it's improvement.

14.
Vindictive satisfaction
has it's source in suffering
applied as punishment.

15.
Punishment applied for
this purpose is uneconomical,
but the effect
may be produced by the
publicity of punishment.

16.
The assurance of that the
wronger has reaped
no advantage
from his offence contributed
to vindictive
satisfaction, to prevent
repetition.
By this mode of vindictive
satisfaction,
the same lot of suffering
may give any
number of loss of enjoyment.

Identifier: | JB/064/140/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-01-30	Marginal Summary Numbering	1-16
Box	064	Main Headings	Penal Code
Folio number	140	Info in main headings field	Penal Code
Image	001	Titles	Ch. XII Remedies / Satisfactive remedies
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D4 / E1
Penner		Watermarks
Marginals		Paper Producer
Corrections	George Bentham; Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	20494
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