JB/073/065/002

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49

Till it is taken out of the Closet in which the
Box is kept, or the Room in which the Closet is, or
the House in which the Room is, or the Homestall
in which the House is, or the Estate in which the
Homestall is? And what is the House,&
what is the Homestall?

5thly & lastly. Suppose it were a Mine from
whence he had taken a Piece of Ore—was it
"carried away" as soon as he had carried it out
of that Turning in which he took it(and where
does that Turning End) or not like he had gotten
it out of the last Turning next to the Shaft or
not till he had gotten out of the Territories of
the Owner of the Soil above (and so on as in the
second Supposition) who may or may not be the
same person as the Owner of the Mine?

from p. 46 ||The Utilities of keeping up this Distinction we
may remember were there mentioned to be of two
kinds one derived from the regard due to popular
Opinion, which seems disposed to require such a
Distinction to be made; the other from it's opening in
some Degree an Inlet to Repentance.

I shall imagine a Case to exemplify the Manners
in which the latter Utility may accrue in the
Instance of the Crime before us.—

Suppose a Thief be ripping Lead from a House
— he is struck with some Sight or Sound which
alarms him with the Idea of Detection- he balances
whether he shall continue his Enterprize.— Now I
say that the Consideration of his not having yet
incurred the total of the Punishment coming in Time

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THEFT.50

running away from another's Hat from off his Head
in which there is plainly no Secresy in the Case, &
yet the Mischief is exactly upon a Footing with
any other in which there is.

2ndly Moveable Thing
I have characterized the Subjects
of Theft thus generally with the view to clear away a
Multitude of Niceties having no Foundation in
Utility, which I shall have Occasion hereafter to
consider.v. p.

Even the word "moveable" as the Reader will observe
might be omitted if the 2.d Aphorism is inserted.

If this Word be inserted this other Aphorism
may be required.

APHORISM. 5.
A Post capable of being moved, of a Thing not
capable of being moved altogether, is a moveable Thing #

3.dly By one conscious of having no Colour
of Title so to do.

However incompetent a Jury may be to decide
whether a Man has a Title, they are certainly
competent Judges to decide whether the Circumstances of

Identifier: | JB/073/065/002 "JB/" can not be assigned to a declared number type with value 73.
Date_1		Marginal Summary Numbering
Box	073	Main Headings	law in general
Folio number	065	Info in main headings field	theft
Image	002	Titles	aphorism 5
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f48 / f49 / f50 /
Penner		Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23905
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