JB/070/257/002

Click Here To Edit

LARCENY — Swans

The property in Swans is by the Common Law put in much the same footing as that
in the domestic poultry — It is felony to steal them if they have the mark character of appropriation
upon them either numerical, by marking, or local by being found among
one's Pond near a Dwellinghouse; and even, as it seems to Dalton, if any from
whom I take this after Dr Burn, if or within ad any one's manor or within his private
Rivers "that is in a manner every where except in public rivers & in the Sea
But those which when in the water frequent public Rivers and the Sea, must
sometimes be on somebody's ground — & whose are they then? It should seem the
This is in this as in so many other
parts of the Common Law when
if you pierce frail foundations
beyond the surface of an opinion
you find nothing but a quicksand
somebody Lord of the Manor as claiming by prescription from the King where a can shew a special ground claiming under him — Is it then Felony to take them? if so should
not: but it may be so or not just as any one who hereafter may have to
determine it pleases, shall think proper without its being to be said in either case that he has determined
wrong. — All that Dalton has to say about the matter, he collects from
a case reported by Ld Coke. [7 Rep. 15. a. .] called by him the case of Swans on which the question
is a matter of property and concerning who has the Title to certain Swans, & not what sort of an offence it is to take them
where there is no protective in one who has none: Title

Having an Authority to decide
either one way or the other, I choose
to have represent the question as in the same
doubt & confusion in which it
appears to be, rather than

THREE SWANS [1]

Identifier: | JB/070/257/002 "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	257	Info in main headings field	larceny - swans
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
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	23372
Box Contents