JB/031/117/001

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1828 Sept. 7
Blackstone

II. Special applying obstacle to the alledged pretended universal
remedy. Restitution denied in the case of moveables.

You have a horse, in which no matter for what cause on what account
you set a high value: bestow deservedly or undeservedly
higher than anyone else would set upon it. Well then –
this horse which you call your's, think you that the Law
has made it so? Not it indeed. Cupidus, has moreover
set his hear upon the your favorite: he has determined to have made prize
of it. He goes to the Stable keeper, makes some pretence for
taking it giving without opposition – taking care not to be liable
to conviction, as for theft, or obtainment on false pretences, by
having his no true name and address, and so forth. For this You bring
your action. Think you that by this action – by whatever means possible if successful, you
will get the horse back again? This will depend altogether
upon the choice of Cupidus. Let the horse be worth hundreds
of pounds of as some have been thousands, a Jury, composed
of 2 men, no one of whom perhaps knows one horse
from another, after hearing such evidence has happens to have
been brought before them set a value upon the horse. This done
there stands Cupidus. If he prefers the money to the horse, he
restores the horse and pr keeps the money: if he prefers
the horse to the money, he pays the money.

Thus it is with a horse: and so it is with every
thing (unless a ship be an exception) which either moves of
itself, or is capable of being moved.

Subject matters of property, or say proprietary right – Habit
has made these – 1. Moveable, called by lawyers personal: immoveable,
called by all sometimes personal real sometimes personal
and incorporeal meaning special rights and powers with relation
person, moveable or immoveable. Here then of the whole aggregate mass of
property in the whole kingdom how is one third left by him as it without remedy put by the law or it is out
of the protection, In any other country upon earth, call it civilized, call
it barbarous, if a sort of care thus
given like this taken such of property is there any
example to be found? Answer
nowhere.

Identifier: | JB/031/117/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-07	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	117	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8 / c1
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	9803
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