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LARCENY — Swans
The property in Swans is by the Common Law put in much the same footing as the
in the domestic poultry — It is felony to steal them if they have the mark character of appriation
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
"that is in a manner very 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
somebody Lord of the Manor as by prescription from the King where a can shew a special grant <add> under him — Is it then to take them? if so
not: but it may be so or not just as any one who hereafter may have to
determine it pleases, <add>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
Having an Authority to decide
either one way or the other, I chose
to have represent the question as in the same
doubt & compassion in which it
appears to be, rather than a case reported by Ld Coke. [Rep.15.a.9reg.] called by him the case of Swans on which the question
is the matter of property and who has the Title to certain Swans, & not what sort of an offence it is to take them
where there is a in one who has none: Table
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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2 |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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23372 |
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