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THEFT
Further consideration of it to a subsequent chapter
appropriated to that title.
To return therefore to
Theft
And first as to the taking It may be
a Question, by whom is it to be determined, in every
Case, whether this has or has not happened? and secondly again
whether by their own naked Discretion pro re nata or
with any preestablished Rules for their Assistance?
I answer to the first by no means by the judge. lest least we
should have a taking which no common Man
would deem such, as we have already a Breaking
where nothing is broken and an Entry where nobody
has got in
Thise point here to be decided involves involves no collateral
Point of Law, the Question being merely whether that
which a common Man would deem a taking has
been done?
The misfortune is that with regard to this, there
will be differences of opinion: but either their Differences
are reconcileable by Rules intelligible to those about to
Identifier: | JB/073/056/001 "JB/" can not be assigned to a declared number type with value 73.
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073 |
law in general |
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056 |
theft |
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001 |
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copy/fair copy sheet |
1 |
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recto |
f26 |
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[[watermarks::propatria [britannia motif]]] |
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23896 |
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