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LARCENY — Deer 6.
The String of Statutes is not yet at an end. The last of which an account has been
given, + + w.G.2.32 §§.7. And the,
§§ continued by 17.G.2.c. .§§. . & 24<lb?> G.2.c. . .§§. . & perpetuated by 31.G.2.
c.42. §§25 &
( retard
the former., relates, as we have seen observed the Statute next before it does to do only to Deer kept under
inclosures: those in open Forests & chases being still entrusted to the ineffective guard
of pecuniary penalties: to supply this defect, it inflicts the penalty punishment<?add> of a 7 year
transportation, but not till after a second Offence: a striking disparity, which if not <add> it has
its' any assignable reasons, has its' at least its assignable causes; the explanation of which induces will give occasion to the necessity of a few
observations, with which will compleat clear the Theory of the subject may be concluded.
By 8.9. Persons arrived (as the
aforesaid — viz: with those
— and other offensive weapons) coming
into a place inclosed or not inclosed with an intent
where Deer are kept & liberty
to hunt, <add> in kill, wound or take
away, and unlawfully beating or wounding
any keeper
or page
in the
execution
of his office
shall
< be transported
for 7 years<lb?> & returning
suffer death
we have already seen how it is, that with regard to such that class of animals among
which the Deer that in question has been ranked, no mark of appropriation could of be taken if one may so
say from the person of the animal: there remained therefore from whence only it
could be taken, deduced the circumstance of place. of its' abode
so, in proximity
not in time.
Appropriated from locality
Principal Offences ) Injuring
) destroying
)Stealing</note>
Tis accordingly that circumstances, by the mediation of which
we alone shall find upon looking back in the of the early of our Jurisprudence
the proprietor & the subject of the property to be connected. The
taking or as we should now term it, the stealing of Deer, is there considered not as a
taking of a thing that belonged to the proprietor but the transferring upon Land that belonged to
him — A Statute made against offenders in their behalf is said to be made against concerning
in Parks; whereas and sheep are never differably as any one may now from them against statutes of Sheep Poultry & Horses who are not designed by any such
circumlocutory description of as those of Malefactors in Poultry yards or Stables.
Now we have here before <add> on a former occasion observed, Law unvarious of real immovable property have always been widely distinguished
from those of personal by the comparative mildness of their punishments: we have there likewise observed
that that distinction written silently complicitly than roundly was founded on, as it is at this time to be
punished by, the permanency if the subject matter. but as mere when a provision practice is thoroughly
to unpublished and undisputed men are not apt to turn their eyes backward to its foundation
especially in a barbarous & <sic>unsentimentizedy</sci> age; and as the kind of instinct which secretly/silently guided them to that provision, having performed its' office vanished altogether as books regarded ,del>on that by the many to be regarded
in the light of a more positive institution, it was easily extended as will appear in those all such cases to a subject to which
the considerations which secretly guided it to establishment, were not are no longer applicable
Hence it is that the punishment of Death which for some time was law for
these offences when while there was no other Law than the practise of the King's ministers and
Judges wa thought grievous and the abrogating of it made a point of in that Charter of
concessions which was an accompaniment equally valuable worthy as it's valued at that time principal to Magna Charta
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Identifier: | JB/070/249/001"JB/" can not be assigned to a declared number type with value 70. |
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of laws in general |
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larceny - deer |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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