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C 9
Of obstinate Waste or Usurpation Destruction or Endamagement
1 Obstinate Waste Destruction or Endamagement From p. 7. Obstinate Waste or Usurpation Destruction or Endamagement is where
a man being in possession of or having access to a thing which is irreplaceable, (A) and which he knows to be so, and knowing or apprehending that it
has been or will be claimed by another, is concerned in dama damaging
or destroying (B) it, in order to prevent (C) his adversary from recovering
it (D) in as good plight as it ought to be
by course of Law.
Exposition.
2 [(A) Irreplaceable] See Theft Aggravation 1 and 2.
[(B) Destroying] It shall be presumed to have been destroy'd
and in that view, if it be not proved either to have been destroy'd against the intention of the defendant, or deliver'd up according to the appointment of the Judge. To par. last
3 [(D) Recovering it.] And intending by that means
although his adversary should be found to have
the right to the thing itself to put him off
with the imperfect remedy of a vicarious compensation
(See Tit. [Compensation] ....) instead of surrendering to him as he
ought the thing itself.
[ Vicarious] See Tit. Compensation To the next page.
4 From par. 2 [(C) Prevent] This will of course be the case
if he has already had legal notice to keep it
forthcoming. For the method of giving such notice:
See Procedure Tit. [Obstinate Waste &c] Punish: To par. 3
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Identifier: | JB/071/139/001"JB/" can not be assigned to a declared number type with value 71. |
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penal code |
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139 |
of destruction or endangerment |
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001 |
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copy/fair copy sheet |
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f9 / f10 / f11 / f12 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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