JB/549/293/002

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1828 July 2. Seen
Property – AnalysisForm
I

§. Terminology

1
Occupation, what. p.

2
Possession physical
what. p. 3.

3
Legal possession
de facto. p. 3, 4

4
Legal possession
de jure. p. 4.

5
Period during which
the legal possession
de jure exists.
p. 4.<p>

6

Title (good and just)
& lawful) is in him who has
the legal possession
de jure. p. 4.</p>

7
Title (actual or effectual)
is in him
who has the legal
possession de facto.
p. 4

8
Actual title depends
upon the disposition
of the Judge paramount.
p. 5.

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9
How an act though
unlawful may put
a man out of the
legal possession
de facto: p. 5, 6.

10
– or even out of the
legal possession de
jure. p. 5.

11
The duty of the
executive magistrate
is to make the legal
possession de facto
coincide with that
de jure.

12
Ways in which it
may happen that
he fails of doing
so. p. 6, 7, 8.

13.
In some of these
ways cases the fault
is: in other cases that
of other persons only: in
others, that of both.
p. 6, 7, 8.

14
The exercise of a
right is either
the performance
of an act of indirect
power, or if of
direct, the occupation
of the material
body

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body which is the
subject of the right
i:e: on which the
right is said to be
exercised. p. 8, 9, 10.

15. Qu.
An act of power
over a person (viz:
over his active faculty)
more subtle
than an act of power
over a thing.
p. 10, 11.

16. Qu.
Yet is still an act
of the body, instance
Telemachine push'd off.
p. 11.

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1
Note
Exercising a lawful
power in an unlawful
manner, not
a distinct offence from
exercising an unlawful
power: i.e. a
breach of trust. p. 15, 16.+
+ Qu. does not
power mean differently
where we
speak of the possession
and where we
speak of the exercise
of it? In the first
case something permanent; in the other
Something instantaneous,
correspondent
to the act.

2
Note
Trusts and other articles
of property – why
they ought to belong to
certain persons rather
than to others, omitted.
p. 19, 20.

Identifier: | JB/549/293/002 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1826-07-02	Marginal Summary Numbering
Box	549	Main Headings
Folio number	293	Info in main headings field	Division in PenalLaw Property - Analysis
Image	002	Titles
Category	Rudiments sheet (brouillon)	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
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