JB/067/332/001

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1826. May 17.
5. Penal Code

Ch. VI. Offences affectg use of prop.
§. 10. Stealing

multitude.

The scale of punishment has been spoken of as commencing
at absolute impunity, and not ending anywhere
short of death. Extensive in no small degree
is the case of absolute impunity; for its extent is
that of the whole territory of the state. Anything
which, at the time of its being stolen, was in a
state of adhesion to the earth, was found to be
thereby rendered incapable of being stolen. Being
fixed to the realty , it had upon it a (savour
that was the word of the realty. ( was the word —
for under English common law were regarded as
constituting reason or improved substitutes to it).
This was sufficient proof that either the thing
was not capable of being stolen or supposing it
was stolen, it was not reasonable or proper that
the thief should be punished for stealing it.
Not that this savour or this odour whichever it were
was in a very considerably fixed state for supposing
add the case where a man
pulls up the carrots, leaves
them, goes away, comes
back and carries them away.
the carrots or the turnips stowed in a cart
in the way of stealing them from the cart, the savor
or the odour — the impregnation, to whichever of
the five senses it appertained, would, so at least
it seems probable, be found to have evaporated &
the taker punished for it, as if instead of being so much vegetable money's
worth, it had been hard metallic money.

Identifier: | JB/067/332/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-17	Marginal Summary Numbering
Box	067	Main Headings	penal code
Folio number	332	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a5
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22165
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