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is not customary for the occupier of the land to make a profit | is not customary for the occupier of the land to make a profit | ||
<lb/> | <lb/> | ||
by such Articles ; or Corn that is left in a field after gathering | by such Articles; or Corn that is left in a field after gathering | ||
<lb/> | <lb/> | ||
in of the crop . | in of the crop. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->But this presumption may be defeated by any Act or Practice | <p><!-- indented -->But this presumption may be defeated by any Act or Practice | ||
<lb/> | <lb/> | ||
which <sic>shews</sic> that the owner meant not to give such permission : | which <sic>shews</sic> that the owner meant not to give such permission: | ||
<lb/> | <lb/> | ||
and that , whether he meant to deny it to all persons | and that, whether he meant to deny it to all persons | ||
<lb/> | <lb/> | ||
in general , or to the party in particular. | in general, or to the party in particular. | ||
<lb/></p> | <lb/></p> | ||
<p>[(F)<!-- '(F)' in pencil --> Knowing] Whatever value the thing actually possesses , the | <p>[(F)<!-- '(F)' in pencil --> Knowing] Whatever value the thing actually possesses, the | ||
<lb/> | <lb/> | ||
general presumption shall be that he knows of it . Else wherefore | general presumption shall be that he knows of it. Else wherefore | ||
<lb/> | <lb/> | ||
did he take it ? | did he take it? | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->But this presumption may be defeated by particular | <p><!-- indented -->But this presumption may be defeated by particular | ||
<lb/> | <lb/> | ||
circumstances ; as if the thing taken be a Bank Note ; and he who | circumstances; as if the thing taken be a Bank Note ; and he who | ||
<lb/> | <lb/> | ||
takes it (a Servant suppose) cannot read and knows not the | takes it (a Servant suppose) cannot read and knows not the | ||
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Value of a Bank Note. In particular circumstances it may appear | Value of a Bank Note. In particular circumstances it may appear | ||
<lb/> | <lb/> | ||
to him , not to be of a Value worth regarding . As if it be lying | to him, not to be of a Value worth regarding. As if it be lying | ||
<lb/> | <lb/> | ||
on the ground by itself, or with other scraps of paper that are actually | on the ground by itself, or with other scraps of paper that are actually | ||
<lb/> | <lb/> | ||
not of a value worth regarding . He may have taken it intending <add>to</add> | not of a value worth regarding. He may have taken it intending <add>to</add> | ||
<lb/></p> | <lb/></p> | ||
4.
C
Of Theft or Stealing.
a handful of Black-berries or Hedge-nuts in a country where it
is not customary for the occupier of the land to make a profit
by such Articles; or Corn that is left in a field after gathering
in of the crop.
But this presumption may be defeated by any Act or Practice
which shews that the owner meant not to give such permission:
and that, whether he meant to deny it to all persons
in general, or to the party in particular.
[(F) Knowing] Whatever value the thing actually possesses, the
general presumption shall be that he knows of it. Else wherefore
did he take it?
But this presumption may be defeated by particular
circumstances; as if the thing taken be a Bank Note ; and he who
takes it (a Servant suppose) cannot read and knows not the
Value of a Bank Note. In particular circumstances it may appear
to him, not to be of a Value worth regarding. As if it be lying
on the ground by itself, or with other scraps of paper that are actually
not of a value worth regarding. He may have taken it intending to
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Identifier: | JB/072/101/004"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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101 |
of theft or stealing |
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004 |
theft or stealing defined / exposition |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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23718 |
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