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[941d] wherefore the law deems it right not to inflict a less penalty on the one offender than on the other on the ground that his theft is smaller, but rather because the one is possibly still curable, the other incurable. So if anyone convict in a court of law either a resident alien or a slave of stealing any piece of public property, in his case, since he is probably curable, the court shall decide what punishment he shall suffer

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