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1827. Octr. 30.
Penal Code.
Ch. 13. Remedies
§. Satisfaction
1.
Satisfaction – modes.
1. Vindictive follows
of course
1. from the punishmt.
2. from the burden imposed
of yielding satisfaction
in other shapes.
2.
2. Attestative – attestation
by Judge that a
fact prejudicial to
wrongee asserted in
the offence to have taken
place, has not
taken place.
3.
3. Vindicative - the
attestation applied to
the case where the supposed
fact would be
prejudicial by aspersion.
4.
4. Restitutive – putting
wrongee as much as
possible in the situation
in which he was
before the offence.
5.
5. Compensative, afforded
by conferring
good which, with some
few cases excepted,
will be in a pecuniary
shape.
6.
Attestative and vindicative
afforded not
by wrongee but by
judges.
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Ch. 13. Remedies
§. Satisfaction
7.
Survivants to the right
of compensation for
the benefit of the representatives
of the wrongee.
Anglicé 8.
English Practice.
1. Vindictive – none.
9. Exist. Syst.
2. Attestative, something
like attestory satisfaction,
on some occasion
exacted by Judge
from wrongor.
10.
But this practice,
pregnant with insincerity,
consequently
judicial falshood,
with all it's evils, and
without good.
11.
3. Vindicative none.
12.
4. Restitution in almost
every case refused.
13.
No satisfaction, but
pecuniary damages.
14.
By this means, option
given to wrongdoer
to cease the wrong,
or to pay the price of
the license for continuing.
15.
Satisfaction, in case
of Wrongee's death,
should remain applicable
to his representatives.
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Ch. 13. Remedies
§. Satisfaction
Anglicé 16.
At Common Law,
English Practice,
performance of a
contract not compellable.
17.
In Equity, only a semblance
of remedy.
18.
Unless a vessel, a
jewel or a picture,
no object renewable
but by a suit in
Equity, of which the
evils so infinitely
greater in most cases,
than the remedy
sought for.
Identifier: | JB/064/142/001"JB/" can not be assigned to a declared number type with value 64. |
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Ch. 13 Remedies / Satisfaction |
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