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6
C
Diff
Of Falshoods in general
Simple falshood as before there under is not limitation to
the nature of the fact before averred in the 1st instance. In
Forgery there is such an act the nature of which will
be more particularly explained in considering the distinction
between this offence and personation.
-between Simple Falshood and Perjury
The distinction between Simple Falshood and Perjury
turns truely upon the solemnity which has
place in the latter and not in the former. In Perjury
there the averment must have been an oath preceeded or followed
by an oath concerned cracked commonly in a set form of words
and accompanied by certain ceremonies. In simple
Falshood no such circumstance has place.
The distinction between Personation and Forgery
turns upon two points, 1. upon the nature of the sign employed: 2. upon the nature of the Fact averred in
the first instance. In Forgery Personation the signs employed though usually may be of one hand as well as another: in Forgery, must be employ'd signs of the hand permanent kind must a have been employed. In Personation this fact
is the general permanent kind relative to the personality
of a certain individual: viz : the fact that he is and
consequently through every period of his existence has been
such or such a person:[ which person in truth he is
not]. In Forgery the fact is still relative to the personality
of an individual. But in the first place it
is not a continued fact: it is a transient fact occupying only during a momentary period of time: the fact that a
certain act which is in question viz the act of fashioning the
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Identifier: | JB/071/057/002"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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057 |
of falshoods in general |
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002 |
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text sheet |
2 |
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recto |
f5 / f6 |
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jeremy bentham |
s. lay |
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alexander mavrokordatos |
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23460 |
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