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''This | <head>LARCENY — Swans</head> <p> The property in Swans is by the Common Law put in much the same footing as that<lb/> in the domestic poultry — It is felony to steal them if they have <del>the mark</del> <add>character</add> of appropriation<lb/> upon them either numerical, by marking, or local by being found among<lb/> one's Pond near a Dwellinghouse; and even, as it seems to Dalton, <del>if any</del> from<lb/> whom I take this after D<hi rend="superscript">r</hi> Burn, if <add>or within</add> <del>ad</del> any one's manor or within his private<lb/>Rivers "that is in a manner every where except in public rivers & in the Sea<lb/> But those which when in the water frequent public Rivers and the Sea, must<lb/> sometimes be on somebody's ground — & whose are they then? It should seem the<lb/> <note> This is in this as in so many other<lb/> parts of the Common Law when<lb/> if you pierce frail foundations<lb/> beyond the surface of an opinion<lb/> you find nothing but a quicksand</note><lb/> <del><gap/> <gap/> somebody</del> <add> Lord of the Manor as claiming by prescription from the King where a <gap/> can <sic>shew</sic> a special ground</add> claiming under him — Is it then Felony to take them? if so <add><unclear>should</unclear></add> <lb/> not: but it may be so or not just as any one who hereafter may have to<lb/> determine it pleases, <add>shall think proper</add> without its being to be said in either case that he has determined<lb/> wrong. — All that Dalton has to say about the matter, he collects from<lb/> a case reported by L<hi rend="superscript">d</hi> Coke. [7 Rep. 15. a. <gap/>.] <add>called by him the case of Swans</add> on which the <del><gap/></del> question<lb/> <del>is a matter of <gap/> property and</del> <add> <del>concerning</del> who has the Title to certain Swans,</add> & not what sort of an offence it is to take them<lb/> <del>where there is no protective <gap/></del> <add>in one who has none</add>: <add> Title</add></p> | ||
<note>Having an Authority to decide<lb/> either one way or the other, I choose<lb/> to have <add>represent</add> the question <add>as</add> in the same<lb/> doubt & confusion in which it<lb/>appears to be, rather than</note> | |||
<!-- at the bottom of the page --> <p>THREE SWANS [1]</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
LARCENY — Swans
The property in Swans is by the Common Law put in much the same footing as that
in the domestic poultry — It is felony to steal them if they have the mark character of appropriation
upon them either numerical, by marking, or local by being found among
one's Pond near a Dwellinghouse; and even, as it seems to Dalton, if any from
whom I take this after Dr Burn, if or within ad any one's manor or within his private
Rivers "that is in a manner every where except in public rivers & in the Sea
But those which when in the water frequent public Rivers and the Sea, must
sometimes be on somebody's ground — & whose are they then? It should seem the
This is in this as in so many other
parts of the Common Law when
if you pierce frail foundations
beyond the surface of an opinion
you find nothing but a quicksand
somebody Lord of the Manor as claiming by prescription from the King where a can shew a special ground claiming under him — Is it then Felony to take them? if so should
not: but it may be so or not just as any one who hereafter may have to
determine it pleases, shall think proper without its being to be said in either case that he has determined
wrong. — All that Dalton has to say about the matter, he collects from
a case reported by Ld Coke. [7 Rep. 15. a. .] called by him the case of Swans on which the question
is a matter of property and concerning who has the Title to certain Swans, & not what sort of an offence it is to take them
where there is no protective in one who has none: Title
Having an Authority to decide
either one way or the other, I choose
to have represent the question as in the same
doubt & confusion in which it
appears to be, rather than
THREE SWANS [1]
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Identifier: | JB/070/257/002"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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257 |
larceny - swans |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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