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LAR THEFT X EMBEZZLEMENT
Aphorisms of interpretation to Embezzlement In all those cases it is Embezzlement, because the Offender had a right to handle them
1 A Lodger, as such, A Servant as such has no pretence of Title
2 A Servant as such has no pretence of Title, even to the things more specially in
his care.
3 A Workman, as such, having goods deliver'd to him to work, has no pretence of Title.
laterd
This maxim, thus general [& extensive] will keep a malefactor more in awe, than a thorough
knowledge were that possible, of the whole Law on the subject on the it's present footing; a
covering at once all the many [loop-holes inlets outlets to impunity under equal guilt] which in the present Law an acute & inter
investigation might find out discover in it
By the putting the Jury to decide whether there was or was not in a given instance a
-lour of consciousness of want of Title, for from a greater, not so great a latitude of discretion is permitted
them as that which they have & do exercise possess & exercise in for for any thing that is used to all what can be done by the last
of pronouncing their general verdict of guilty or not guilty — but if they should be found too scrupulous (for
is nothing to favor the opposite supposition) they might, as occasion called for it, be
tied down by such strict further interpretative aphorisms as these — annexed as accompaniments
to the definition, in the Codes & to be subjoined to the question propounded to them at the Trial
4. A moveable is any thing which whether actually fixed or not, is capable of being
moved.
A Servant has also right over his Masters Household Goods against every body but his Master or his Master's order. A Carrier a Workman has a right absolute over goods deliver'd to him against every one but the Deliverer — and against him, only defensible by payment of the price of carriage or workmanship
5. TAKING as to the means may be either 1st direct; the energy of the
taker being exerted directly on the subject as by taking up a Bag of money with his own hands — or 2d indirect, by the intervention of
some other agent rational or irrational — irrational, as by driving off by Shouts a Horse with the
same Bag on his back. By shouts or commanding a dog to take it up and carry it off.
Rational, as by commanding as if it were his own a bystander not in confederacy being in accompliceship to take it up and put it in a carrier carry it off for the sake
the commander. In more familiar but less precise terms — A taking as to the means, may be by the
person himself, or by means of something else.
As to the manner it may be by the state in which the subject is either whether
be of motion or of rest — of motion — as of by cutting down a bag of money fixed to a
carriage in motion — of rest, as by taking it up, the carriage standing still.
But in both cases the thing, in question, to be taken, must be so order'd taken, dealt with that after the taking, no part
of it shall [be remain in contact with continue to touch] that any part of that surface which any part of it touched
before.
The design of this provision is only to square with the a subsisting determination, if the Idea there
pursued should be approved of.
EMBEZZL.T. Aphorisms. [BR][3]
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Identifier: | JB/070/224/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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224 |
theft & embezzlement |
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001 |
aphorisms |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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