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1826. May 12.
Penal Code
Ch. VI. Offences affectg use of prop
§. 10 Theft Stealing
Clandestinity what
Stealing what
Evasiveness what
Stealing is usurpation of a moveable subject
matter of property accompanied with an intention
and correspondent endeavour clandestine or
evasive. The Clandestinity may regard either the act
itself or the person of the agent. It regards the agent
where the endeavor of the offender is to prevent the loss
of the thing from being known to the owner or occupier.
It regards the person and where the intention
to prevent the parties concerned from knowing who
the person is by whom the act of usurpation has
been performed. By evasiveness is meant to be designated the case
in which whether clandestinity have place or
not it is the design of the offender to place his person
himself, or his means of compensation out of the reach
of justice.
Case where subject
matter is takers property
but where the takers
purpose is to make
the occupier responsible
— included in theft
The penal consequences of theft attach upon
the case where the subject matter thus clandestinely
or evasively taken, is the lawful property of the taker,
but taken under those circumstances in the view &
for the purpose of making the occupier responsible for
the loss.
Identifier: | JB/067/321/001 "JB/" can not be assigned to a declared number type with value 67.
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1826-05-12 |
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copy/fair copy sheet |
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recto |
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22154 |
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