JB/070/225/001

Click Here To Edit

LARCENY EMBEZZLEMENT

The standing of a civil action will
always be regardedreceived as conclusive
of conness of Title

In the 1st Case, he has it not in both
In the second he had it in both cases
till the act of Embezzlement
In the 3d he has it in both

When The distinction being made between 1. Physical faculty in <add>actual</add> exercise 2d Physical faculty [against human obstacles opposite act in in] and leg
right, I see not what other the subject division at this stage can afford — Legal right itself is indeed
of a number ofdivisions — one of which for instance may be this which is given to it in virtue of it's being limited uncertainly in pe
of time — The right legal of possession which lawyers speak of, as contradistinct to the rig
to the thing itself, which a man by a<add> in<add>exception</add></add> Action of ment Writ of Possession<add>executed</add> Ejectment is indeed nothing but but a right to the thing itself deable dpositively
1. Faculty actually exercised
actually enjoyment any other ejectment defeasable indefinitively by aperpetual Injunction or Writ of Right. — It is the same
Relative differently modified in point of time.

2 Faculty not exercised - against
human opposition Obstacles — I must confess myself unable to form a clear Idea of Possession as distinguished on the
3. Right Defensible on a contrary
of a permanent title - Right of Possession one hand from Right a moral Relation [between a person & a thing] & on the oth
4 Right indefensible actual occupancy, a physical one.

If then it be taken in the first Sense, it is belongs to predirable as well of a man, whom he has permitted
to a Friend,as where to his Groom.

Whose property charged?
} Midd. Journ. Apr. 18.-20 1772}
Williams convicted at the last Shrewsbury}
Assizes of stealing a chit box}
containing £100 received }
of Death, but reped for transportation - }
Sr for theft} If in the latter, I see not how with what propriety it can be predicated of a man who is in London with
respect to a Home which he has in Yorkshire

It may here be saidanswer'd that the possession of im-moveables recoverable by a Civil Action that
of which we have a clear Idea - and it is not the same as al pence because
a man has it having at one end of the Kingdom of an Estate at the other. end of their Kingdom and it is nor is it not the same as aright
because that may belong all the while [exclusively] to somebody else — I answer that is
the a right at the time, which the man and he only who holds by what it called
possessing Title, exclusively is invested with, to who has a right to corporal
by a writ of Right, not having the but only being to have it or not as the
claim shall be determined or not in his favour

If possession does not mean the physical power agains{t}
all obstacles which can be opposed from man of making use of the thing whenever he will
I must confess I understand not what it does but this power over the House sellars by the
supposition no longer where the ButlerGroom has run away with themit.

3. Counts - 1. for Goods of a person
unknown - 2. for the Landlord
of the House - 3 for
In our case it seems ha has only
the custody, in the other the possession
now of a man being a couple ofpair of Salt-Sellers & one of pair to his Country House
and another to an acquaintance to keep
for him
Every man is of unquestionably
of liberty to call that Relation that
subsorts between a thing given &
the Servant of him who has boughtButler & the 1st Saltsellers
it said put it in his House
The Custody, and that which subsorts
when between this Stiles and the
other Saltsellers, the possession
[is what every man that pleases has
an unquestioned right to do] this but
unless two clear & distinct Ideas can be
found [out] for these two distinct
bounds, much I shall will not be gained
we shall not be much the worse for
by the distinction.
Let us therefore examine what we
can mean when we speak of a possession
and what we can mean when we
speak of a custody, and see whether
we can find any thing different relative to mean
with the latter in our mouths than we meant with the former.

That is possibly the same relation, and no more }
to be turned into two different ones by calling }
it in the one case "custody". Give the other possession }
than shooting can be split into two different }
acts by resolving to call it by that name
wheresoever a man's name who is at apparent to be }
The Simon, & giving it the name of passing }
when his name is Peter. }
N.B. The Friend may }
the things given }
him that the Servant }
cannot will. }
N.B.
A Servant has the righ
against all but his
Master - v. some
I believe it is the ca
in Honour - it is
down clearly.

EMBEZZLT [BR][4] Right x Possession x Custody.

Identifier: | JB/070/225/001 "JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	225	Info in main headings field	embezzlement
Image	001	Titles	right & possession & custody
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23340
Box Contents