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 wo d 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 a dhere

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.

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

merc y of juries will often

make them strain a

point, & bring in larceny

to be under the value of

t we lvepence when it is really

of much greater value:

but this is a kind of pious per jury. IV 239

The offence of p rivately

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

judgm t of death .....

This severity .... seems to be

owing to th ease with

which such offences are

committed, & the difficulty

of guarding ag t them:

besides that this is an

infringem t of property,

in the manual possess n

occupat n or corporal

possess n of the owner,

which was an offence

even in a state of

nature. IV 241.

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 J ames Allen, gentleman ,

is indicted by the

name of J ohn Allen,

esquire, h may plead

that he has the name

of James, & not of Joh n;

& that he is a gentleman,

& not an esquire. And

if either fact is found

by a Jury, then th indictm t

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 ag t another. IV 3 51

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