JB/031/134/001

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1828 Aug.
Blackstone.

28
Why does not Law suffer
me to take your coat?
For this Reason – to prevent
disappointment &
uneasiness. Disappointment-preventing principle or say Anti Disappointment
– what? –

29
Odd that until now
nobody has mentioned this
principle. Vested rights,
yes – caused by the influence
of this unmentioned
principle.

30
Possession I. Physical.
You possess a thing, when
you can occupy or use it without obstruction.

31.
You have possession of
coat on your back, or when
pulled off and in your drawer,
if drawer locked & key mislaid
– still in your possession.
Given to taylor to be
mended – as long as on sending
for it, he is willing to able to return
it – it is in your possession.

32
Journeyman delivers it
to another customer – if
he on seeing the mistake
is willing to return it, you
are in possession of it.
But

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33
But he takes a fancy to
it & refuses to let you have
it. He now has possession
of it, not you.

34
Possession II Legal.
Coat at taylor's; possession
depends on his disposition.
You are in his debt & he refuses
to give it up: legal
possession in taylor.

35.
But taylor a tenant of
your's & his rent in arrear.
you distrain: the moment
you enter legal possession
of the coat is in you.

36
Suppose you & he comport
yourselves so & so:
not to suffer at hands of
law, necessary to know
what treatment you wd.
experience from constituted
authorities: otherwise
you know no more
than phrases used by lawyers;
– such knowledge
of no more use than
coat when at taylor's.

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37.
Of Rights two species.
Those which do & those
which do not suppose antecedent
wrong connected.

38.
If taylor detains coat,
have you legal possession
of it?
This depends on your
being able without incurring
punishment to take it
back into your actual possession.

39
Under Law as it is can
you do this? It depends on
Circumstances: – if coat
is hanging in public road
near his house – you may take it.

40
But if it is in his house
& door locked you have no
right to break it open, to
get your coat.

41
If door is open & he standg
there, doubts whether in
spite of him you can push
by.

41
Can you strike him? No
nor –
Law as it ought to be wd.
try to exclude these doubts.
Law as it is – not.
Per Blackstone, I may
take my horse from a Common,
but not break open
stable.
This

Identifier: | JB/031/134/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08	Marginal Summary Numbering	28-41
Box	031	Main Headings	civil code
Folio number	134	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e1
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	9820
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