JB/097/122/001

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31 Aug 1804. Collectania :Blackstones — H K

Neither can burglary
be committed in a
tent or booth erected
in a market or fair;
tho' the owner may
lodge therein : for the
law regards thus highly
nothing but permanent
edifices .... &
it is the folly of the
owner to lodge in so
fragile a tenement :
but his lodging there
no more makes it burglary
to break it open
than it wod be to uncover
a titled waggon in
the same circumstances. IV 226

If a person leaves
his doors or windows
open , it is his own
folly & negligence ; &
if a man enters therein
it is no burglary : yet,
if he afterwards unlocks an inner or chamber door it is so . IV 226.

Of things ... that
adhere to the freehold,
as corn , grass , trees , &
the like , or lead upon a
house , no larcing could be
committed by the rules
of the common law ; but
the severance of them
was , & in many things
is still , merely a tresspass. IV 232.

But if the thief severs
them [things that atdhere
to the freehold] at one
time , whereby the tresspass
is completed , & they are
converted into personal
chattels , in the constructive
possession of him in
whose soil they are left
or laid ; & comes again
at another time , when
they are so turned into personally ,
& takes them away;
it is larcing : & so it is, if the
owner or any one else has revered
them . IV 233 .

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Stealing one out of mines
is ... no larcing , upon
the same principle of
adherence to the freehold;
with an exception only to
mines of black lead , the
stealing one out of which
is felony without benefit
of clergy . IV 234

The stealing of writings
relating to a real
estate is no feleny , but
a tresspass : because they
concern the land , or ...
savour of the realty, &
are considered as part
of it by law . IV 234

It is true , that th
mercey of juries will often
make them strain a
point , & bring in larcing
to be under the value of
tenwelvepence when it is really
of much greater value :
but this is a kind of pious pergjury . IV 239

The offence of privately
stealing from a man's person
.... without his knowledge ,
was debarred of
th benefit of clergy , so
early as by th Statute &
Eliz. c. 14. But then it
must be such a larcing
as stands in need of
the benefit of clergy , viz
of above th value of
twelvepence ; else the offender
shall not have
judgmt of death .....
This severity .... seems to be
owing to th ease with
which such offences are
committed , & the difficulty
of guarding agt them :
besides that this is an
infringemt of property,
in the manual possessn
occupatn or corporal
possessn of the owner ,
which was an offence
even in a state of
nature . IV 241.

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Outlawry may frequently
be reversed by writ of error,
the proceedings therein
being (as it is fit they
should be) exceedingly nice
& circumstantial ; & if
any single minute point
be omitted or misconducted ,
th whole outlawry
is illegal and may
be reversed . IV 315

If James Allen , gentleman ,
is indicted by the
name of John Allen ,
esquire , h may plead
that he has the name
of James , & not of Johmn;
& that he is a gentleman ,
& not an esquire . And
if either fact is found
by a Jury , then th indictmt
shall be abated. IV 329

Universal maxim
of th common law of
England , that no man
is to be brought into
jeopardy of his life,
more than once for
the same offence. IV 329

On witness is not allowed
to convict a man
indicted for perjury ; because
then there is only
one oath agt another. IV 3751

Sir Matthew Hale ....
lays down two rules .. .
1. Never to convict a man
for stealing th goods of
a person unknown , merely
because he will give
no account how he came
by them , unless an actual
felony be proved
of such goods : & 2. Never
to convict any person of
murder or manslaughter,
till at least the body
be found dead. IV 352

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Identifier: | JB/097/122/001"JB/" can not be assigned to a declared number type with value 97.
Date_1	1804-08-31	Marginal Summary Numbering
Box	097	Main Headings
Folio number	122	Info in main headings field	[[info_in_main_headings_field::collectanea juridica blackstone's [...?]]]
Image	001	Titles
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31506
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