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C
Injuries to affecting the liberty of loco-motion
Of Unlawful Confinement.
Division of Injuries to loco-motion Injuries, affecting that is Injuries to a man's liberty of loco-motion are
either Confinement, or Loco-exclusion, or Kidnapping.
I
Unlawful Confinement defined. Unlawful Confinement is where without
lawful cause, (A) a man is concerned (B) in confining (C) another
to any place (D) against his will.
Exposition
1
[(A) Lawful cause] See Tit: [Justifications]
2
[(B) Concerned] See Tit: [Of Associates in Delinquency Co-offenders]
3
[(C) Confining] No matter whether by taking or detaining 1. It matters not whether he were carried to
the place of his confinement against his will or only made
to stay there against his will; as by locking the door
upon him when he wishes to come out.
Nor by what Contrivances. 2. It matters not whether the confinement be
brought about by applications to external bodies or to the
persons of the sufferer. A man may be confined for
instance by having the door of a yard, of a house, or of
a chamber shut against him; or by being tied to a
stake; or by being tied neck and heels in such manner
that he cannot move. The place of his confinement
is an inclosed spot in some of these cases, and
it may be an uninclosed spot in some of the others. 3. It
Identifier: | JB/071/116/001"JB/" can not be assigned to a declared number type with value 71. |
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penal code |
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116 |
of confinement |
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