JB/070/254/001

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LARCENY — DOGS. 1

v. Sanders 84.

The almost peculiar uncertainty in the value of the kind of property, occasions a difficulty as peculiar in the determining
the measure of the punishment to be annexed to its' violation.
viz a difficulty that is not remediable by the estimating authority of a Jury.

For the Jury cannot be warranted as matters stand at present, in relying
singly & simplicitly on the account of the owner, who seeing himself with an being interested in his own
cause with an unlimited indefinite discretion of deciding that question on which awaits
the apportionment of the punishment, [by being thus in effect Judge in his own
cause] would naturally be disposed as he would be thus enabled to stretch that punishment
beyond it's proper
bounds. But an account given by any one but the owner will seldom often not be the true one; since a stranger will
But other others persons will in many cases be wide of ascertaining the
value set upon it by the owner: & it is that value which is the true measure
of the mischief done

1st They will be wide in ascertaining it: since a cur which has not any of those
qualities of general request which are [owing to] the joint effects result of its breed & the line packs
in training it, & [qualities which therefore give it a general value], shall be often as much prized
by its owner as one that has those most perfect and abundant: very different is this form a piece of
cloth or a measure of corn the value of which shall be the same to every man alike And
of some articles of Luxury & not in general use, as a Picture or a China jar have
particular peculiar degrees of affection set on them by particular owners, it is only for want
of a more accurate measure that the value which such an one is of to the
generality pr must be taken for it's value to each person in particular.

And 2ly The value of to the owner is the true measure of the mischief — By the supposition
it is so of the mischief of the first order; & that of the 2d & 3d orders
will appear in this case [in question] to follow that of the first. The degree of alarm excited in the owner of a dog by the
having of a dog's another's having lost one in that this manner, is governed not by the
saleable value of that kind of dog which his is: but for the affection which he
has for that individual animal, or which he thinks it likely he may have for
another; that is [to say] the relative or peculiar value shall, & not the absolute. [or saleable]

Now therefore then it should seem that a method an expedient whereby that value in each case
may be ascertained with precision would be of some use, especially such an one
as shall at the same time answer the 4 collateral purposes of 1st — Giving

without his knowledge, of the absence
or presence of which no
particular with proof shall be
required: but the Court shall determine
thereof by it's discretion
specifying if they acquit the
accused f on that ground, that
it is on that ground they do
acquit him.

Question therefore. 1st was it found
in his possession building or ground
or of by hiding in another's
building or ground.

2. Was it then with his knowledge?

The Penalty for killing or maiming
should be the same as for stealing
Disfigurement from 1/4 to 3/4

& it is only found for want of a more accurate reason
whose
of
is, be taken the its
to .

Alas! cries he what should I do
if I were to be robbed of my poor
Fido! & this anticipated hypothetical distress he
rates not from what Fido would
fetch, who perhaps is a cur
paid for nothing but for his whose only value/valuation is in his Spray
but from his own affection.

THEFT. Dogs. [1][

Identifier: | JB/070/254/001 "JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	254	Info in main headings field	larceny - dogs
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	23369
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