JB/031/140/001

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1 Octr 1828
Blackstone.

135.
A benefit is rendered serviceable
1 by occupation
2 By transparence or say
transmission.

136.
When it is by transference alone
that the good is desired
it is either self regarding or
sympathetic: the first when
an equivalent is received; the
second from the pleasure derived
by the person to whom
the things is transferred.

137
Pure this pleasure of sympathy
is when the transmission
takes not place, till
after his decease. Not so, if
while he is in life.

138.
Subject matter of beneficial
occupation given, efficient
cause of diminution of its
value.

139.
1. Right fractionized viz
1 by co-possessors acting
severally or 2 by do. acting
only corporately.
2. Subject matter operated
upon limited.
3. Species of operations limited.
Precept by which the right
of occupation how integrated
soever is limited.

140.
No operation by which may
be produced to another preponderant
evil, over the good
to yourself. Ex. With your knife
cut not throats.

141
In every case of diminution
may be a separate efficient
cause of commencement:
& do. of cessation.

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142
Whatever the subject-matter,
the right of occupation,
may or not be accompanied
by the benefit
derived from its transmission.

143.
Transmission may be,
1. Perpetual or 2 Temporary
ex. a Lease. It may be
1 gratuitous or 2 for a
price.

144.
For benefit to be produced
by transmission, the act of
the proprietor may be necessary
or not. If yes – the
service he renders is 1. requested
as a sale or 2 unrequested as
a gift. If no – the benefit
he drives must be the pleasure
of sympathy.

145.
Benefit, derived from occupation
and do. from
transmission, distinct.
In relation to the benefit
last mentioned, causes of
commencement & cessation
distinct from do. of benefits
from occupation of the
same subject matter.

146
Of transmissioned service,
subject matter is
1 individually determinate or indeterminate
or 2. Pecuniary.

147.
When determinate it is
commonly called specific
& the individual who owes
the service has no choice,
when indeterminate, he has
a choice of the subject matter.

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148.
When it is pecuniary it
is stiled a debt. Debtor
and creditor not ample
enough where subject
matter of transmission is
determinate. Say Service-ower
or quasi debtor – &
quasi debt. Creditor = Service-claimer.

149.
Also quasi pecuniary.
Case very different of a
man who possesses money
to a certain amount, &
another who possesses a
right to a service from
another by transmission
of money to that amount.
If performance of this, is
certain – their value is the
same; in so far as uncertain
proportionate
deduction from the value.

150.
The money in possession
here the subject-matter
is of the corporeal class;
when not in possession,
of the incorporeal: merely
a service.

151
When corporeal, there
is a something possessor
can defend from attempted
abstraction: not so
when incorporeal.

152
If the thing is already in
possession in need of any service
to obtain benefit of it:
if not he does from 1. the service
ower & 2 eventually
from the Judge.

153.
Different are 1 Subject-matter
2 Efficient causes
of commencement of possession
& 3 Do. of cessation of
possession.

Identifier: | JB/031/140/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-10-01	Marginal Summary Numbering	135-153
Box	031	Main Headings	civil code
Folio number	140	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e9
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9826
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