JB/097/143/001

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Aug 13. 1806. 12

Of ... the various forfeitures,
inflicted by
special statutes, for particular
crimes and misdemeanors
some some ...
are mala in se, or
offences against the
divine law, either natural
or revealed; but
by far the greatest
part are mala prohibita,
or such as derive
their guilt merely from
their prohibition by
the laws of the land.
II420.

Goods & chattels ...
are totally forfeited
by ... flight in treason
or felony, even tho' the
party be acquitted of
the fact. II421

Though the heir has
a property in the monuments
& escutcheons
of his ancestors, yet he
has none in their bodies
or ashes; nor can he
bring any civil action
against such as indecently
at least, if not impiously,
violate and
disturb their remains,
when dead & buried.

The parson indeed who
has the freehold of the
soil may bring an action
of trespass against such
as dig and disturb it:
&, if any one in taking
up a dead body steals
the shroud or other apparel,
it will be felony;
for the property thereof
remains in the executor
or whoever was at the
charge of the funeral.
II 429

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Gaining property in
chattels either personal
or real ... by succession
... is in strictness of
law, only applicable
to corporations aggregate
of many....the true
reason whereof is, because
in judgment of
law a corporation never
dies; & therefore the
predecessors, who lived
a century ago, & their
successors now in being
are one and the same
body corporate. II 430

The law looks upon
goods & chattels as of
too low — perishable
a nature to be limited
either to heirs or to
such successors as are
equivalent to heirs.
II 431

The chamberlain
of London, who is a
corporation sole, may
by the custom of London
take bonds of recognizances
to himself & his successors,
for the benefit of the
orphan's fund: but it
will not follow from
thence, that he has a
capacity to take a lease
for years to himself &
his successors for the
same purpose; for the
custom extends not
to that: nor that he
may take a bond to
himself & successors,
for any other purpose
than the benefit of
the orphan's fund;
for that also is not
warranted by the custom.
II 432

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Acquiring property in
goods & chattels ... by
marriage depends entirely
on the notion of
an unity of person between
the husband &
wife; it being held that
they are one person in
law, so that the very
being and existence of
the woman is suspended
during the coverture, entirely
merged and
incorporated in that of
the husband. II 433.

Strictly speaking the
primary right to a
satisfaction for injuries
is given by the law of
nature, & the suit is
only the means of ascertaining
& recovering
that satisfaction. II 438.

Contracts implied
are such as reason &
justice dictate, & which
therefore the law presumes
that every man
undertakes to perform.
II 443.

A legacy to one to be
paid to when he attains
the age of 21 years is ...
an interest which commences
in proesenti,
although it be solvendum
in futuro. II 513.

Self defence therefore,
as it is justly called the
primary law of nature,
so it is not, neither can
it be in fact, taken
away by the law of
society. III 4.

For amercaments in
a court-Sect, a distress
may be had of common
right, but not for amercements
in a court-
baron, without a special
prescription to warrant it.
III 7

Identifier: | JB/097/143/001 "JB/" can not be assigned to a declared number type with value 97.
Date_1	1804-08-13	Marginal Summary Numbering
Box	097	Main Headings
Folio number	143	Info in main headings field
Image	001	Titles
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12
Penner		Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	31527
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