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4.
THEFT ANOMALITIES RESTRICTIVE
These things the Law will have nothing to do [with] in protecting, because they don't are difficult to move
There are Others which it will have no concern with, because they move too much
In the first place, Animals that are wild by Nature, tho' good or not good to eat so long as they have a large
place to run about in: but if they are cooped up in a small one, it will take
charge of such as are good to eat; accordingly of pigeons, "young pidgeons" at
least "in a Dovecoat, or Fish in a Trank or not", tho' it is contrary when they are in a Pond‡, says we are told by Sr Mathew
Hale, "that Larceny may be committed+" nay even if though they have still no a large place to
run about in, as it should seem from the same sentence of that writer, and
more explicitly from others so as they (I mean the Animals) be tamed & believed to be so by the Thief, provided allways they (I mean the Animals,) be good
to eat. Remark, that all Animals unless any one the that we know in this country unless it be at least if we except Dogs &
In the next place Cats are wild by Nature, & that their difference in this respect which is only
as between the more & or the less depends upon the more or less care pains which we take
to make them otherwise: the distinction division of Animals into wild or tame is very pretty much
like much of a piece with the popular division of the subject of Botany into weeds and flowers. — This includes all
such as are known d by the general & — — — title term of Game: as well as the infinity
of others, which being of good for little when gotten, or requiring a great deal of trouble
to get, are thought to be no more than an adequate recompense for that trouble.
In the second place
‡
<note>‡ + 1 The Hist Pols . "Fish in a
Pond" are one of the sorts of things, of
which according to Sergt Hawkins [p
94. Edit. 1724] it seems agreed that Larceny may be committed:
and he quotes repairs the neglect refers to 3 authorities
The 3d Inst. 109. Hale's
Identifier: | JB/073/038/001"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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038 |
theft anomalities restrictive |
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001 |
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text sheet |
1 |
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recto |
c4 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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23878 |
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