JB/031/016/001

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1828 Aug. 6
Blackstone

In this case, the truth of the case is – that you are
not in possession of your house. In the physical sense
by the very supposition you are not. Nor yet are you in
the legal sense: for if by force or even without force, for the purpose of reaping benefit from it in the way of use you
were not to place your enter into it or cause any other
person to enter into it, you, or that other person
would be pu for so doing be amenable to law and punishable.

That which, if anything, you are in this case, if an a possessor of
is to no more than a right to – a legal right – to a certain
incorporeal subject matter of right: a certain species
of service which if in so far as it is rendered is rendered
by the payment of the rent in question: that is to say
money of any kind, to the value of the amount stipu
agreed on.

As against everybody but yourself a servant of
yours is in possession of a house you are both living in:
for if any person yourself expected excepted were to
push him out of it, or to endeavour to prevent or blockade
his going into it, any such person would be punishable.

Against yourself this same servant of yours is
not in possession of this same house: for, unless precluded
from doing so by the terms of your agreement with him, you
might in case of residence on his part push him out of
it, and he in case of his endeavouring in spite of you to
remain in it, or as the case may be enter into it would be punishable.

Thus it is, that no otherwise by knowing in what
case the person in question is, in what case, not punishable
in the event of his taking or endeavouring to take the benefit of it
that it can be determined
whether a man is or
is not legally in possession
of it. By On the course that
would eventually be taken
by the process of punishment,
does the answer to the question – possession or no possession – depends.

Identifier: | JB/031/016/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-06	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	016	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
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	9702
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