JB/030/138/001

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1828 Sept. 27
Blackstone or Civil Code

Very different from each other are two cases, which
on in the minds of those who take them into
consideration are yet on divers occasions apt to be
confounded. These are, that of a man who has in
his possession (physical and accordingly legal) money to a
certain amount; and that of a man who is possessed
of a right to a service to be rendered by another person,
a service which if and when rendered will be rendered
by the transmission of money to that amount into to the possessor
of the period to whom the service is due. In so far as the
performance of the service be regarded as certain they are considered
as being of the same value: but suppose it in any
degree uncertain, proportioned to the degree of the uncertainty
is the deduction the substraction made from the its value.

So, in the case where the money is already in possession
the subject matter is of the corporeal class: a quantity of things
moveable: where it is not in possession, it is of the incorporeal
class, a service and nothing more.

When it is of the corporeal class, there is a something
the physical possession of which the possessor has a right
to defend by physical force every attempt to transfer abstract it
out of his possession: not so, when it is of the incorporeal
class, as above.

When the thing is already in the persons possession, no
need has he in any event has he of service at the hands
of any other person, for the obtaining enjoying the benefit of it. But
suppose him it not already in his possession in this case
to enjoy the benefit of it he has need in the first place of
the appropriate service at the hands of the person from whom the
money is due: and eventually in the second place, in case
of non-redelition of that service, he has need of the correspondent and appropriate
service at the hands of the Judge – the services
consisting in the employers performance of
the requisite and appropriate
operations for causing him
to be in possession of it,
at the charge of him at
whose hands it is due. Different are 1. in the first place the subject matter; 2. in the second place the efficient causes of commencement of possession; 3. in the third place the
efficient causes of cessation of possession. ☞ Quere?

Identifier: | JB/030/138/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-09-27	Marginal Summary Numbering	not numbered
Box	030	Main Headings
Folio number	138	Info in main headings field	blackstone or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d13 / e3
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9645
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