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1831 April 13
Pannomion or say Penal Code(9)
42 The expositive matter belongs in common to – to – forms constitutes such part and
parcel of the directive part of the matter of the Civil Co Civil
Code and the Penal Code.
43 Any Of the words and locutions of which expositive is given
in it may be seen this or that word is the exposition of which
a prodigious quantity of matter of employed.
Take for example the word title or the word right when
employed is synonymous with and equivalent to it. Exposition of it
is alike necessary, to the completion of the import of any enactment
belonging either to the civil or the penal Code branch.
44. Take in the first place the civil. The principal part of it is
occupied in the declaration to which person or persons each subject matter
of property each object of general desire shall belong, in such sort
as to be stiled his or their own: who he is or they are to whom it belongs: or say who has title
to it. Now then be the subject matter what it may – who is it the
if any that has title to it? Who but he He in whose favour some are, in the
list of compleatly collative events or states of things has place,
no event or state of things having with relation that same
title an the ablative effecting having at the same time place in his
disfavour to that same individual.
So much for portion in question – the portion of the matter of the Civil Code.
But not less necessary is reference made in to that same matter in the Penal Code.
Take for instance, an Offence severally considered. Offence upon affecting property,
the offence of theft. To the conveying of an accurate conception of the nature
of this Offence, mention of title is indispensable. Why?
Answer. Because where it is under the persuasion that of his
having a title to the thing in question – where it is under this
persuasion that the man took it – by no one will he be regarded as having
committed the offence thus denominated: thence, so it is
that in any well adapted definition given of the Offence, the
averment of the non-existence of any such persuasion must
be contained.
46 Not that into in the idea of the Offence it is necessary that the idea
of any of that same matter in particular, the idea for example of any
Laws of contained if ⊞ particular
one collative event more than another – should have place.
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