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<head>31 Aug 1804.</head>
<head>31 Aug 1804.</head>
<head><!-- foreign text checked: <http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=collectania&lng=en-us&nt=1&pagenum=3&snd=pg> --><foreign>Collectania</foreign> <gap/><!-- 'Juridian' ? -->:Blackstones <gap/><!-- 1 word or 2?  If 2, mark up another missing word/gap tag please! --> &#x2014; <gap/><!-- 'by' ? --> H K</head>
<head><!-- foreign text checked: <http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=collectania&lng=en-us&nt=1&pagenum=3&snd=pg> --><foreign>Collectania</foreign> Juridicae :Blackstones <gap/><!-- 1 word or 2?  If 2, mark up another missing word/gap tag please! --> &#x2014; <gap/><!-- 'by' ? --> H K</head>
<p><!-- indented -->Neither can burglary
<p><!-- indented -->Neither can burglary
<lb/>
<lb/>
Line 16: Line 16:
<sic>tho'</sic> the owner may
<sic>tho'</sic> the owner may
<lb/>
<lb/>
lodge therein : for the
lodge therein: for the
<lb/>
<lb/>
law regards thus highly
law regards thus highly
Line 22: Line 22:
nothing but permanent
nothing but permanent
<lb/>
<lb/>
edifices .... &amp;
edifices.... &amp;
<lb/>
<lb/>
it is the folly of the
it is the folly of the
Line 28: Line 28:
owner to lodge in so
owner to lodge in so
<lb/>
<lb/>
fragile a tenement :
fragile a tenement:
<lb/>
<lb/>
but his lodging there
but his lodging there
Line 47: Line 47:
his doors or windows
his doors or windows
<lb/>
<lb/>
open , it is his own
open, it is his own
<lb/>
<lb/>
folly &amp; negligence ; &amp;
folly &amp; negligence; &amp;
<lb/>
<lb/>
if a man enters therein
if a man enters therein
<lb/>
<lb/>
it is no burglary : yet,
it is no burglary: yet,
<lb/>
<lb/>
if he afterwards unlocks an inner or chamber door it is so . <add>IV 226.</add>
if he afterwards unlocks an inner or chamber door it is so. <add>IV 226.</add>
<lb/></p>
<lb/></p>


<p><!-- indented -->Of things ... that
<p><!-- indented -->Of things... that
<lb/>
<lb/>
adhere to the freehold,
adhere to the freehold,
<lb/>
<lb/>
as corn , grass , trees , &amp;
as corn, grass, trees, &amp;
<lb/>
<lb/>
the like , or lead upon a
the like, or lead upon a
<lb/>
<lb/>
house , no larcing could be
house, no larceny could be
<lb/>
<lb/>
committed by the rules
committed by the rules
<lb/>
<lb/>
of the common law ; but
of the common law; but
<lb/>
<lb/>
the severance of them
the severance of them
<lb/>
<lb/>
was , &amp; in many things
was, &amp; in many things
<lb/>
<lb/>
is still , merely a tresspass. <add>IV 232.</add>
is still, merely a trespass. <add>IV 232.</add>
<lb/></p>
<lb/></p>


Line 85: Line 85:
to the freehold] at <hi rend='underline'>one</hi>
to the freehold] at <hi rend='underline'>one</hi>
<lb/>
<lb/>
time , whereby the tresspass
time, whereby the trespass
<lb/>
<lb/>
is completed , &amp; they are
is completed, &amp; they are
<lb/>
<lb/>
converted into personal
converted into personal
<lb/>
<lb/>
chattels , in the constructive
chattels, in the constructive
<lb/>
<lb/>
possession of him in
possession of him in
Line 97: Line 97:
whose soil they are left
whose soil they are left
<lb/>
<lb/>
or laid ; &amp; comes again
or laid; &amp; comes again
<lb/>
<lb/>
at <hi rend='underline'>another</hi> time , when
at <hi rend='underline'>another</hi> time, when
<lb/>
<lb/>
they are so turned into personally ,
they are so turned into personally,
<lb/>
<lb/>
&amp; takes them away;
&amp; takes them away;
<lb/>
<lb/>
it is larcing : &amp; so it is, if the
it is larceny: &amp; so it is, if the
<lb/>
<lb/>
owner or any one else has revered  
owner or any one else has revered  
<lb/>
<lb/>
them .  IV 233 .
them.  IV 233.
<lb/></p>
<lb/></p>


Line 116: Line 116:
<p><!-- indented  -->Stealing one out of mines
<p><!-- indented  -->Stealing one out of mines
<lb/>
<lb/>
is ... no larcing , upon
is... no larceny, upon
<lb/>
<lb/>
the same principle of
the same principle of
Line 124: Line 124:
with an exception only to
with an exception only to
<lb/>
<lb/>
mines of black lead , the
mines of black lead, the
<lb/>
<lb/>
stealing one out of which
stealing one out of which
Line 130: Line 130:
is felony without benefit
is felony without benefit
<lb/>
<lb/>
of clergy .  IV 234
of clergy.  IV 234
<lb/></p>
<lb/></p>


Line 137: Line 137:
relating to a real  
relating to a real  
<lb/>
<lb/>
estate is no <sic>feleny</sic> , but
estate is no felony, but
<lb/>
<lb/>
a tresspass : because they
a trespass: because they
<lb/>
<lb/>
concern the land , or ...
concern the land, or ...
<lb/>
<lb/>
<hi rend='underline'><sic>savour</sic></hi> of the realty, &amp;
<hi rend='underline'><sic>savour</sic></hi> of the realty, &amp;
Line 147: Line 147:
are considered as part
are considered as part
<lb/>
<lb/>
of it by law .  IV 234
of it by law.  IV 234
<lb/></p>
<lb/></p>


Line 156: Line 156:
make them strain a
make them strain a
<lb/>
<lb/>
point , &amp; bring in larcing
point, &amp; bring in larceny
<lb/>
<lb/>
to be under the value of
to be under the value of
Line 162: Line 162:
t<del>en</del>we<add>lve</add>pence when it is really
t<del>en</del>we<add>lve</add>pence when it is really
<lb/>
<lb/>
of much greater value :
of much greater value:
<lb/>
<lb/>
but this is a kind of pious per<del>g</del>jury .  IV 239
but this is a kind of pious per<del>g</del>jury.  IV 239
<lb/></p>
<lb/></p>


Line 171: Line 171:
stealing from a man's <hi rend='underline'>person</hi>
stealing from a man's <hi rend='underline'>person</hi>
<lb/>
<lb/>
.... without his knowledge ,
.... without his knowledge,
<lb/>
<lb/>
was debarred of
was debarred of
<lb/>
<lb/>
<sic>th</sic><!-- 'the' --> benefit of clergy , so
<sic>th</sic><!-- 'the' --> benefit of clergy, so
<lb/>
<lb/>
early as by <sic>th</sic> Statute &amp;
early as by <sic>th</sic> Statute &amp;
Line 181: Line 181:
Eliz. <unclear>c</unclear>. 14.  But then it
Eliz. <unclear>c</unclear>. 14.  But then it
<lb/>
<lb/>
must be such a larcing
must be such a larceny
<lb/>
<lb/>
as stands in need of
as stands in need of
<lb/>
<lb/>
the benefit of clergy , <hi rend='underline'>viz</hi>
the benefit of clergy, <hi rend='underline'>viz</hi>
<lb/>
<lb/>
of above <sic>th</sic> value of
of above <sic>th</sic> value of
<lb/>
<lb/>
twelvepence ; else the offender
twelvepence; else the offender
<lb/>
<lb/>
shall not have
shall not have
Line 201: Line 201:
which such offences are
which such offences are
<lb/>
<lb/>
committed , &amp; the difficulty
committed, &amp; the difficulty
<lb/>
<lb/>
of guarding <sic>ag<hi rend='superscript'>t</hi></sic><!-- 'against' --> them :
of guarding <sic>ag<hi rend='superscript'>t</hi></sic><!-- 'against' --> them:
<lb/>
<lb/>
besides that this is an
besides that this is an
Line 213: Line 213:
<sic>occupat<hi rend='superscript'>n</hi></sic> or corporal
<sic>occupat<hi rend='superscript'>n</hi></sic> or corporal
<lb/>
<lb/>
<sic>possess<hi rend='superscript'>n</hi></sic> of the owner ,
<sic>possess<hi rend='superscript'>n</hi></sic> of the owner,
<lb/>
<lb/>
which was an offence
which was an offence
Line 219: Line 219:
even in a state of
even in a state of
<lb/>
<lb/>
nature .  IV 241.
nature.  IV 241.
<lb/></p>
<lb/></p>


Line 234: Line 234:
should be) exceedingly nice
should be) exceedingly nice
<lb/>
<lb/>
&amp; circumstantial ; &amp; if
&amp; circumstantial; &amp; if
<lb/>
<lb/>
any single minute point
any single minute point
<lb/>
<lb/>
be omitted or misconducted ,
be omitted or misconducted,
<lb/>
<lb/>
<sic>th</sic><!-- 'the' --> whole outlawry  
<sic>th</sic><!-- 'the' --> whole outlawry  
Line 244: Line 244:
is illegal and may  
is illegal and may  
<lb/>
<lb/>
be reversed .  IV 315
be reversed.  IV 315
<lb/></p>
<lb/></p>


<p><!-- indented -->If J<hi rend='underline'>ames</hi> Allen , <hi rend='underline'>gentleman ,</hi>
<p><!-- indented -->If J<hi rend='underline'>ames</hi> Allen, <hi rend='underline'>gentleman ,</hi>
<lb/>
<lb/>
is indicted by the
is indicted by the
<lb/>
<lb/>
name of J<hi rend='underline'>ohn</hi> Allen ,
name of J<hi rend='underline'>ohn</hi> Allen,
<lb/>
<lb/>
<hi rend='underline'>esquire</hi> , <sic>h</sic><!-- 'he' --> may plead
<hi rend='underline'>esquire</hi>, <sic>h</sic><!-- 'he' --> may plead
<lb/>
<lb/>
that he has the name
that he has the name
<lb/>
<lb/>
of James , &amp; not of Joh<del>m</del>n;
of James, &amp; not of Joh<del>m</del>n;
<lb/>
<lb/>
&amp; that he is a gentleman ,
&amp; that he is a gentleman,
<lb/>
<lb/>
&amp; not an esquire . And
&amp; not an esquire. And
<lb/>
<lb/>
if either fact is found  
if either fact is found  
<lb/>
<lb/>
by a Jury , then <sic>th</sic><!-- 'the' --> <sic>indictm<hi rend='superscript'>t</hi></sic>
by a Jury, then <sic>th</sic><!-- 'the' --> <sic>indictm<hi rend='superscript'>t</hi></sic>
<lb/>
<lb/>
shall be abated.  <add>IV 329</add>
shall be abated.  <add>IV 329</add>
Line 274: Line 274:
of <sic>th</sic><!-- 'the' --> common law of
of <sic>th</sic><!-- 'the' --> common law of
<lb/>
<lb/>
England , that no man
England, that no man
<lb/>
<lb/>
is to be brought into
is to be brought into
Line 289: Line 289:
to convict a man
to convict a man
<lb/>
<lb/>
indicted for perjury ; because
indicted for perjury; because
<lb/>
<lb/>
then there is only
then there is only
Line 296: Line 296:
<lb/></p>
<lb/></p>


<p><!-- indented -->Sir Matthew Hale ....
<p><!-- indented -->Sir Matthew Hale....
<lb/>
<lb/>
lays down two rules .. .
lays down two rules.. .
<lb/>
<lb/>
1. Never to convict a man
1. Never to convict a man
Line 304: Line 304:
for stealing <sic>th</sic><!-- 'the' --> goods of
for stealing <sic>th</sic><!-- 'the' --> goods of
<lb/>
<lb/>
a person unknown , merely
a person unknown, merely
<lb/>
<lb/>
because he will give
because he will give
Line 310: Line 310:
no account how he came
no account how he came
<lb/>
<lb/>
by them , unless an actual  
by them, unless an actual  
<lb/>
<lb/>
felony be proved
felony be proved
<lb/>
<lb/>
of such goods : &amp; 2. Never
of such goods: &amp; 2. Never
<lb/>
<lb/>
to convict any person of
to convict any person of

Revision as of 12:17, 19 January 2012

Click Here To Edit


31 Aug 1804. Collectania Juridicae :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 larceny could be
committed by the rules
of the common law; but
the severance of them
was, & in many things
is still, merely a trespass. IV 232.

But if the thief severs
them [things that atdhere
to the freehold] at one
time, whereby the trespass
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 larceny: & so it is, if the
owner or any one else has revered
them. IV 233.


---page break---

Stealing one out of mines
is... no larceny, 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 felony, but
a trespass: 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 larceny
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 larceny
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.


---page break---

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


---page break---




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

Box Contents

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