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''This | <head>THEFT. Accessory Subsequent — Possession</head> | ||
<p><add><del>Possession</del></add> Possession of Goods shall be sufficient to convict<lb/> | |||
of Theft a party not <del>all</del> giving account <del>of his</del> <add>how</add><lb/> | |||
<add>he came by them</add> <del>manner of counting by the same</del> to the satisfaction<lb/> | |||
of the <add><unclear>Friars</unclear></add> person having cognizance of the<lb/> | |||
fact provided <del>1<hi rend='superscript'>st</hi></del> that proof be made <add>1<hi rend='superscript'>st</hi></add> <del>of</del><lb/> | |||
<del>such</del> <note><add>Testimony</add> Evidence positive of their being missing & conjectural of their being stolen</note> <add>that the</add> goods <del>having been</del> <add>in question were missing according to the</add> missed <del>&</del> being <del>according</del><lb/> | |||
<del>to the belief of the evidence stolen,</del> <add>knowledge of the evidence & <del>missing</del> stolen according to his belief,</add></p> | |||
<p><gap/> That <add>they were in possession</add> the party whose property they are<lb/> | |||
<sic>alledged</sic> to be or of <del>some are</del> <add><del>those</del> him</add> whose Title he hath<lb/> | |||
within .... days before they were found in<lb/> | |||
possession of the Defendant. <note>v. Princ. <unclear>Pen.</unclear> Law 255 & 2 Hale 289 - 90.</note></p> | |||
<pb/> | |||
<!-- upper right quadrant --> This <hi rend='underline'>Direction</hi> for it is <add>amounts to</add> no more, seems useful<lb/> | |||
as a remedy to the excessive tenderness of Judges<lb/> | |||
& Jurors, who <note>who in this age of <gap/> let their internal persuasion be ever so strong [assured] <del>who in this age of <gap/></del></note> will <del>not</del> <add>scarce even</add> convict but upon positive<lb/> | |||
ocular testimony of the Fact: it is frowned<lb/> | |||
upon the spirit of those provisions that are so<lb/> | |||
frequent in the Laws against specific Thefts | |||
THEFT. Accessory Subsequent — Possession
Possession Possession of Goods shall be sufficient to convict
of Theft a party not all giving account of his how
he came by them manner of counting by the same to the satisfaction
of the Friars person having cognizance of the
fact provided 1st that proof be made 1st of
such Testimony Evidence positive of their being missing & conjectural of their being stolen that the goods having been in question were missing according to the missed & being according
to the belief of the evidence stolen, knowledge of the evidence & missing stolen according to his belief,
That they were in possession the party whose property they are
alledged to be or of some are those him whose Title he hath
within .... days before they were found in
possession of the Defendant. v. Princ. Pen. Law 255 & 2 Hale 289 - 90.
---page break---
This Direction for it is amounts to no more, seems useful
as a remedy to the excessive tenderness of Judges
& Jurors, who who in this age of let their internal persuasion be ever so strong [assured] who in this age of will not scarce even convict but upon positive
ocular testimony of the Fact: it is frowned
upon the spirit of those provisions that are so
frequent in the Laws against specific Thefts
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Identifier: | JB/073/043/001"JB/" can not be assigned to a declared number type with value 73. |
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073 |
law in general |
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043 |
theft accessory, subsequent - possession |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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23883 |
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