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9
§.2 Universal Judicature
§ Rights &c
Possession
to Blackstone
This to explain on
part of possession — not
done any where — in a
Code indispensable.
But what must not here be forgotten is — All the whole, of what is said here the direct purpose
is — not to explain the import of the word right — for this has
been done already, but by means of it to explain the import
of the word possession: of which import no plausible clear idea
having ever been given conveyed or so much as been attempted to be
given in any book of English law book nor perhaps in that the law of an
other nation which in all law book of law the use of it
is continual, however in a book having for its object ratizing the maximizing
of the knowledge of the law, an authoritative exposition of it
would be a crust of precise and indispensable necessity
In the cases put by Blackstone
to whom wd horse
belong — in case of a suit
at law? This for those who
have task for doubt.
One word now, and that in relation to Blackstone's horse
the being thus brought on the carpet, who in the several cases put
by its master, would be in p with propriety, and with correspondent
legal effect, in the event of a suit at law, be said
to be in possession of it? This may be lef The question
after what has been said the answer may be left, in bluntly for the
amusement of any reader who is freed of has a taste for doubts.
Distress — payment with
doubts: this performed without
recourse to Judge, at charge
of tenant in favor of Landlord
A case which under Law as it is is richly pregnant
with doubts, is that of distress: capture of goods while all so
captured are beyond dispute in the possession of not of the captive some person other than
he: capture — an operation the request of performing which
without having recourse to the Judge is established in favour
of persons of a certain description, at the charge of person
of the correspondent description: for example (and this is the
principal example) in favour of Landlords, at the charge
of their Tenants.
Identifier: | JB/031/031/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-08-28 |
not numbered |
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031 |
civil code |
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031 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
d9 |
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jeremy bentham |
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9717 |
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