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DIVISION. All Laws Penal 9

it the worse for him him repent it would plunder every other man of cups who had them
so would every man in the like case plunder every man of land that had it — The proprietor
of Land House [in the one case] would be as universally affected as the proprietors
of Cups [in the other] - [Take away the respective Penalties - in
both cases the insecurity will be the same] — Whence then is comes arises the disproportion
so conspicuous between the penalties punishment annexed to the
invaders — species of invasion: and upon what principle can it be justified &c a disproportion so great, that the inaccuracy laxity in ordinary discourse we
do not mention speaking of the one as not having no any punishment [at all] annexed to it? at all last take away the respective sanctions however small the one, & however great the other, the loss would be felt equally extensive with equal
Clearly from hence that the loss to the proprietor in the one case to the proprietor, can never
be otherwise than temporary, as the subject from the immobility of its
nature, must ever be forthcoming: whereas in the other in most instances
the subject once gone is lost for ever. a striking confirmation of
this is: that when where from the circumstances of the invasion and the

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at [in this latter] case the case of moveable property the subject or in default, that person [substructing] to make a satisfaction is still forthcoming: the extraordinary
penalty is immediately removed and the same moderate one adopted as in the other
case is adopted. This is the case of a wrongful possessi taking of a
moveable possession on pretence of Title; now whereon to support that pretence &
is always acceping that either the subject be kept forthcoming, or at least
either the fund or the person ready to supply an equivalent. If a man takes
the Cup on pretence of it's being his own, he must shew by his conduct behaviour
that he thinks so: he must give security when demanded he must take
it openly and avowedly: for if he does it clandestinely, his a subsequent
of this sort even tho' it were true will not avail him: + + A Man may be convicted of felony for stealing his own goods and he must give security remain upon in
the spot the face of the for world ready to answer abide the consequences of a civil action; that is that sort of an action
in which the milder penalty is inflicted; a penalty which is compared that is the costs of the action,
together with the disappointment incident to of a fruitless restitution attempted. for if he flies
he indicates recording which is called in Technical language that felonious intent

INTROD. Laws Civil X Criminal [BR]

Identifier: | JB/096/107/001
"JB/" can not be assigned to a declared number type with value 96.


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introd. laws civil & criminal




division all laws penal


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jeremy bentham


[[watermarks::[gr with crown] [britannia with shield motif]]]


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