JB/031/135/001

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Blackstone.

41*.
This to elucidate the position
– that recaption
must not be effected so as
to occasion strife or bodily
contention, or endanger peace
of society. If bodily contention
had been used alone
– it wd. be more clear – as it
is it is cloudy.

42
Here as every where doubts
may be raised – if he says
these are the words of the
Common Law, his adversary
says not those but
these.

43
This by means of the word
Right to explain import of
possession: not done before
any where – in a Code indispensable.

44
In the cases out by
Blackstone to whom wd.
horse belong, in case of a
suit at law? This for those
who have a taste for doubts.

45
Distress pregnant with
doubts: this performed without
recourse to
Judge, at change of tenant
in favour of Landlord.

46.
Per Blackstone this
treated in 3rd Vol Private
wrongs. Without mentioning
redress he posts off to ulterior
mode of redress.

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47
He puts Legislative & Administrative
departments
under Rights of persons, Judiciary
under Private wrongs
altho' it has cognizance of
public as well.

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Blackstone's Division

47
1. Parliament 2. Prerogative.
3. Public justice – confusion
in speaking of these
as private rights.

48
Power of Parliament composed
of rights belonging to
functionaries: Prerogative
of rights belonging to one of the
branches of Parliament: limitations
to it made only by the
other two branches.

49
He conceives these 3 things
to be as well as security, liberty
& property "absolute
"rights", and tho' according
to him they are only secondary,
considers them first.

50
Opposite order best, because
rights of individuals
understood without reference
to do. of functionaries
& these latter better understood
after the former.

51
Their rights, previously
obligations, individuals
in general are at all times
interested in bearing in mind
– not so as to functionaries
– then comparatively
useless.

Identifier: | JB/031/135/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering	41*, 42-51
Box	031	Main Headings	civil code
Folio number	135	Info in main headings field	blackstone
Image	001	Titles	blackstone's divisions
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e2
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9821
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