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2
§.2. Universal
Jurisprudence
(3) (1) 3 § Possession
2 legal
Now for law.
Exit Notice, under law.
Such is the natural/the case and in the natural state of things independently of law:
now, as to law. Now for a law case. another case
Coat at taylor's. Possession
of it depends on his disposition.
You are in his debt &
he refuses to give it up: — legal
possession in taylor
This coat of yours is, as before, in the house
of your taylor, to whom you have sent it to be mended.
Who In whom is now the legal possession of it? in you,
in the taylor or in both? Answer. This depends upon
the taylor's disposition: in his possession it is at any rate:
in your possession likewise it is, if as is ordinarily the case, he
is disposed to let you have it. But suppose he is not
so disposed, as for instance might be the case, were you
in his debt, and he, according to his conception of the
matter unprovided with any other means of obtaining
payment. In this upon you making demand of requiring him to send it to you it, he
would either take no notice of your demand, or refuse to
accede to it: and r in the event of your sending somebody
to his house to fetch the coat, he would send your messenger
back without the coat, giving him to understand
that it was his intention you should not have it. Now
then, this being supposed the legal possession would be no
longer in you, but in you their refractory taylor of yours.
Said taylor a tenant of
yours & his rent in arrear.
You distrain, and the moment
you enter, legal possession
of the coat is in you.
But now u in this case suppose now an additional
feature. Besides being your taylor, this refractory individual
is a tenant of yours, and a portion of his rent
is in arrear. By law you have a right to take as landlord on
condition of your observing certain formalities you have
a right to cause entry to be made into his house, and
his goods to be taken, and sold for money which to the
extent of what is due to you may be delivered to you in
satisfaction for your rent. Now then, down to the moment
on which such entry is made it is the taylor tenant the
and not you that is in possession of this same coat: but
the moment that the entry is made, it is not he but you.
Identifier: | JB/031/025/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-08-21 |
not numbered |
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031 |
civil code |
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025 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c3 / c1 / d3 / e3 |
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jeremy bentham |
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9711 |
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