JB/030/090/001

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1828 Aug. 4
Blackstone

Thus was the right conferred. Not so the power. For
the establishment of the power, by the exercise of which the
right corroborated by the continued obligation was transferred to Donatus,
an act of concurrence exercised by Vestilus was necessary:
an act of concurrence – that is to say an act
expressive of his consent to be divested of the right of using
the coat, – to be divested of this right in relation to the coat,
on condition that the same right which he had, should
be possessed and enjoyed by Donatus.

In the creation of the right it was by the legislator
alone that the act of legislation necessary was exercised.
So likewise in the creation of the power. But to that power
no exercise could be given, but by the act of the individual,
that is to say Vestilus. Now then to enable Donatus to
receive and enjoy the benefit intended what was th the
operation necessary? It was in effect a new law, in
the establishment of which the legislator had rendered it
necessary that the individual – Vestilus, should share
possess and exercise, he – the legislator – on that same
occasion possessing and exercising the remaining share
a law which could no more be established call by the
legislator without the concurrence of the individual, than
it could by the individual without the concurrence of the
Legislator.

In a word, on this occasion, on the occasion
of the disposition made in relation to this individual subject
matter of property, the power of legislation was, it may be
seen as truly and effectually shared between the legislator and the individual,
as if it had been a Province that had been disposed
of by a law in the establishment of which a
House of Representatives had exercised what is called the
initiative function, a Monarch the consummative; or
vice versa.

Identifier: | JB/030/090/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-08-04	Marginal Summary Numbering	not numbered
Box	030	Main Headings	pannomion
Folio number	090	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d8 / e8
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9597
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