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These are a genus of Animals, which while by reason of their smallness and wildness of their
temperament when born and a state of liberty are not susceptible of a numerical
appropriation by from person, are yet naturally from the nature of their habitation susceptible of a permanent numerical appropriation
from — the more of place — agreeing with Deer in that they are susceptible of a permanent & numerical
appropriation, disagreeing with them, in that it is not on the score of personality;
agreeing with the rest of animals comprised under the popular denomination of
Game in that the property in them can only be on the score of place, — differing
from them; in that it is permanent — Accordingly in a place expressly
provided or preserved for their reception, there no one can fancy suppose himself to have a title to take
them unless at the same time he fancy himself to be owner of that place; we
may collect therefore from what has been observ'd before on the Theory of appropriation very sufficient reason to consider assent to the propriety of
putting them on the same footing of protection from depredations as any other
kind of property.
this is nearly what the Law has done
And thus does the Law stand at
present.
The first Statute relative to the Article is that of the 3.J.1st.13. concerning of which we an account
has already we have already had observed how, making profession to cure a supposed defect of a preing
Statute relative to Deer it forgot that profession in the same instant,
& betakes itself to the including placing of this Article in the same predicament with
that other.
3d J.1.13 —
ACCESSARY Subsequent.
As the mark of their appropriation
is only local & not personal
and as they subsist in places
where to which that appropriation does
not extend, [as they are very ordinarily
used for food], as, in this instance
taken in their state of liberty, they
are easily nourished in great
to a state of domestication, in
as they are numerous sheep different in this respect from Deer &
, they cannot be commodiously
be made the subject
of the necessary offence, subsequent.
Even Amidst the all that variety that which the collective offer themselves, this Statute may even be chosen
for a pattern of oscitancy & attention: Not All the [attention] care which the penner could prevail upon
himself to bestow could guard him from falling into the contradiction of destroying
in explicit terms in the short space of two pages what he had established
in two the same explicit terms — in the same Instrument Particular care is taken in the 2d Section to specify
that the Act shall extend to the offences therein described committed whether "in the night time"
or by day". while care yet more as particular is taken in a profusion of words by the 8th & last, that it shall not extend
not to offences committed in the day, but in the night only. This latter section Provision
is repeated by another Stat. of which notice has also been taken + + 7.J.1.13 as far as relates
to Deer, but preserved in full force as to the Present article. ||
|| I know not how it has happen'd
that neither of the two modern
compilers of the Statute have
taken notice of this Statute as
relating to the article — they begin with the Stat. which I have mentioned next.
THEFT Conies [1]
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Identifier: | JB/070/260/002 "JB/" can not be assigned to a declared number type with value 70.
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larceny - conies |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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