★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
31 May 1804 9
Evidence ProcedureCh. Justiciability
23
A thing is made
to serve for real security,
by sequestration:
viz: seizure
possession,
without transfer) or ,
and officials
Putting a real subject an article of property into the
like condition may in all cases be, or in some/certain cases is has been, termed sequestration. Sequestration
again may be either with without transfermance
possessoris Sequestration — or by transfer — sequestration manu tartan. in the
hand of a third person — private or official, as the case
may be.
24
Sequestration without
transfer — Examples
in the hands of a
- 1. Debtor
- 2. Transfer - viz:
Agent, Guardian &c
Sequestration without transfer may take place is applicable in the case
where a subject matter which the suitor principal is entitled sooner
or later to has transferred into his possession is at the moment
in the possession of some other person; whether in whatever in the character
whether that of the debtor, or the Agent, Guardian or or trustee.
25
Quasi — Sequestration.
in the hands of the
proprietor: constituted
by introduction of transfer —
Example
Goods left to owner
after
1 - Distress
2 - Bill of Sale
Even in the hands of the proprietor himself goods may be
converted into the matter of real security — (in what degree precarious
is another consideration) by being left in his hands, but clogged with
an interdiction of transfer — viz: to any person or to any other
place. Sequestration thus performed may be called Quasi-Sequestration.
Examples of this sort of are not altogether wanting —
1. Goods distrained by a tenant landlord for rent and left in
the hands of the tenant notwithstanding — 2 Good Goods made over
by a Bill of Sale to a Creditor, and left in the hands of the debtor —
By prudence private individual by fraud, by private/individual humanity a variety of modifications
will thus be have been suggested: legislative care wisdom — the most sluggish
of all principles of action : has not been thus is seldom thus inventive.
Identifier: | JB/057/076/001 "JB/" can not be assigned to a declared number type with value 57.
|
|||
---|---|---|---|
1804-05-31 |
23-25 |
||
057 |
evidence; procedure code |
||
076 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
||
001 |
|||
text sheet |
1 |
||
recto |
d9 |
||
jeremy bentham |
1800 |
||
1800 |
|||
18406 |
|||