JB/028/106/001

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9

Construction

steals an Cow Ox for instance: he is prosecuted for
for it upon this act: All then that could be holden upon
the occasion⊞ ⊞ except what was extrajudicial was that the Act did not extend
to Cows Oxen – it could not be holden to extend to that it did not
nothing but sheep extend to Swine or Horses. Altho' if holden were the
not to extend to Oxen, that it former doctrine actually holden: that the latter
would upon occasion be holden is an inference
that any man naturally would make.

The word Cattle is certainly a loose one; and
one that one should be concerned to see in a Statute
Book without a definition: But I
should much doubt whether upon the mere ground
of its laxity of the uncertainty of its comprehending
or not comprehending certain species of animals,
the Judges would, (I think verily
they ought not) have given no effect to it
upon a species concerning its comprehension
of which, (to take it by itself) there could have been no doubt. Such I take to be the Ox species. I cannot
per conceive that if the words of the Act had stood simply thus:
He that stealeth sheep or other Cattle, shall
suffer as for Felony without benefit of Clergy,
it and a man had been indicted upon it for
stealing an Ox, the Judges would have holden
that it did not extend to Oxen.

But there is a circumstance in this wonderful
act our Author has overlooked: and which seems

Identifier: | JB/028/106/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	106	Info in main headings field	construction
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / b10 / f11 / b12
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9371
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