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1st J.1.27.
The 1st Statute has been made relative to this Article is that of the 1st J.27.
by which enacts that if he who "shoots at" <add> takes or <add>kills or destroys" House-pidgeon dove or dove pidgeon is subjected to a commitment
to Gaol for three Months — unless he pay a price of 20d for each pidgeon or at the end of one
Month's imprisonment become bound by recognizance with two Sureties in 20£ a piece not to do the
like.
In the 2d of the present King [1768] a new Statute was made on the subject with
the following varieties variations — The Jurisdiction is committed to a single Justice The pecuniary penalty instead of being applicable to the benefit of the the quantum of which is the same as by the former for the Poor
of the Parish, is for the Informer the duration of the conditional Imprisonment corporal penalty, which is conditional as by instead of being fixed at 3 month
power is only is necessarily only 1 Month, but augmentable as far as 3 months at
Discretion: the place in may be the House of Correction instead of the as well as the County Gaol: if one
evidence is made sufficient instead of two — The old Stat. is by supplication suffering
still to live, this without that anxiety that it should do so which we have sometimes expressed.
This is the entire purport of an Act, with which the power has contrived to fill
2 pages [P] whereof one three is taken up by a repetition of the power: I should have said
verbatim, were it not that those words are left out of all which that former one contains any way relative
to the subject; which two words unhappily would be have been the most material of the whole if
it had been material to have said any thing about the matter. +
+ These three words are the words
"take shoot at" which plainly constitute
2 distinct offences which would not
have been created had it not been
for them — In recompense, he
has favoured the word "destroy"
which I have not inserted above,
finding some difficulty in conceiving
how an Animal could
be destroyed without being
killed, or killed without being
destroyed.
There is yet another omission
which I had asked to have passed
over but which I will take notice
of as it will give an occasion
to explain relative to that Act
Anyone who should now read it
hastily would be apt at least this was
my own case), to imagine that
in order to prevent the Animals
which it relates to (of which
that in question is but one of
many) from being killed at all
into which nature the long-winded
Preamble would contribute to deceive:
but the truth is it was designed
as to the for managed game
to pro give a monopoly of it the is a very private sport in those days to Hawking what are the only is the only method of taking
that is not excluded included <add>specified in the prohibition [as may be seen from 7. of the same (conceivable) c.11
If any Member of Parliament should have the misfortune to lose his Pidgeons & say
should have a 3d Statute, we should have this too recited with the former in its Belly.
Thus it is, that no one can case have the collection of which without d such repetition there is from him
to twenty 50 times as much as there should be, without having a great part of it nor 4
times over [ v. Voluminousness &c.]
N.B. in AEstimations Theft of Pidgeons that they are as it were a , being
freebooters more than domestic animals & some others from nature which are protected by the Law
THEFT. Pidgeons. [ ][
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Identifier: | JB/070/252/002 "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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252 |
larceny - pidgeons |
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002 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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23367 |
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