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1827. Novr 10.
Law AmendmentPropositions
Ch. II. Codification
XII. Remedies
1. Preventive
2. Suppressive
33 or 1. Prev.
Remedy, originally preventive.
Evil not
presupposed by it –
1. Evil of Order 1.
2. In evil of 2d. order
alarm.
Danger terminated
as soon as information
of the preventive
remedy is received,
viz. whether by Judge
or party, whether individual
or government.
34 or 2. Prev. Off.
Chain of concatenated
offences, to any one
of which the preventive
remedy being applied
is so to all posterior
ones –
1. Design.
2. Conspiracy.
3. Menace.
4. Preparation.
5. Attempt.
6. Effectuation.
35. or 3. Prev. Off.
For the offences and
classes of offences to
which the preventive
remedy is applicable
see the Tables of Offences.
36 or 4. Prev. Rem.
Remedies preventive
1. Ablation of instruments
of mischief
2. Impignoration of
money.
3. Imprisonment.
4. Banishment from
place of forbidden
danger.
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4 contind.
5. Banishment from
presence of possible
wrongees.
6. Commination.
6. Obligation to furnish
subsidiary bondsmen.
37 or 5. Suppress
II. Remedy suppressive.
Of all evil as yet unproduced,
this is preventive:
of evil present
and past, non-preventive.
38 or 6. Productive of Continuance
Distinction here
necessary. +See 28.
The offence productive
of the evil of the
1st. order is either transitory
or continuous.
To continuous alone
is the suppressive
remedy applicable.
38 or 7. Suppress Off. Contin.
Continuous the offence
may be either
1. in itself; in the act itself:
2. in respect
of some evil effect.
39 or 8. Suppress. Off. Contin. Remedies
I. Offences rendered
continuous by continuance
in a situation
relatively subservient:
viz.
1. Imprisonment
2. Confinement
Remedies
1. Disimprisonment
2. Disconfinement.
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40 or 9. Suppressive Off. Contin. Negative
II. Offences negative.
Remedies –
1. Compulsion physical.
2. Compulsion psychological –
Example. Compulsive
imprisonment
or confinement.
41 or 10. Supress. Off. contin. Co-Offenders
III. Offences continuous,
by multiplicity
of Co-offenders.
Example. Riot.
Remedy – prehension
or dispersion, as occasion
may require.
42 or 11. Off. contin. Suppress. Instrumt. perm. Remedies
IV. Offences continuous
by permanence
of instrument of
evil.
1. Edifices annoying in
themselves.
2. Do. annoying by pictures
contained.
3. Works Water annoying by
damage by deficiency
by excess, by miscollocation
or misdirection.
4. Operations noisome
to health.
Remedies –
1. Psychological.
2. Physical.
43 or 12. Suppress. Off. contin. Non-service
Offences negative, consisting
in non-performance
of personal service.
Rule: Let Judge apply
where he can, remedies
not productive
of affliction to individuals,
at whose hands
the service is sought.
Identifier: | JB/064/129/001"JB/" can not be assigned to a declared number type with value 64. |
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