JB/031/033/001

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1828 Sept. 27
Blackstone on Civil Code

Ch. Univ.
(2 § Contracts Legal Dealings
Analysis

Release its relation to conveyance
Release as for an obligation

Obligatory persons interests include
correspondent releases.

7
Both expressive of
will — by both burthen
as well as benefit produced

Both are expressions of will: of will to which if
the government gives all hands to them its sanction it
by so doing gives the force of law

8
In the case of conveyance
benefit the most prominent
is that of
obligatory promises
the burthen

By both of them, burthen as well as benefit is produced
But in the case of an act of transmission — say
a conveyance — it is benefit such that is that one of the two objects
which stands most prominently in view: in the case
of an a legally obligatory promise, or even in the case of a pair
of reciprocally obligatory promises, it is burthen is
that which stands most prominently on view.

9
To the receiver in
the case of conveyances
the benefit manifest

That to one party the receiver a benefit of is a result
if an the act of transmission — the thing transmitted being regarded understood
to have its value is manifest

10
The burthen lies
upon him in whose
possession the subject
matter was

Now then as to the burthen — where does it lie.
Answer it lies upon the him in whose possession the subject
matter was at the time moment of the act of transmission,
and this whether he were the person by whom that act is
performed, as is most commonly the case or some other person,
as in some instances is the case

☞ State Doctrine speak here?

11
Example the table
on which I write if
transferred by me
to you — the benefit
accruing to you the
burthen of transmission
rests on me

Take for instance the table on which I write. If
I transmitt it to you — suppose great say for a price
you buying it of me: the benefit of the transmission this dealing in so
far as the table is the subject matter, accrues exclusively
to you. On the other hand the burthen falls lies
exclusively on me. So likewise if instead of myself
the owner the person by whom the act of transmission is
performed is — the a Judge acting as such

I say exclusively: and that to the exclusion of all other
persons: for, though to your deriving from the act the benefit intended
it is necessary that all the other persons should abstain
from using it occupying it or doing any thing in relation to it
any thing by which its value to you might be lessened, yet this
burthen
burthen remains after the
sale on the same shoulders
as it lay upon before

Identifier: | JB/031/033/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-27	Marginal Summary Numbering	7-11
Box	031	Main Headings	civil code
Folio number	033	Info in main headings field	blackstone or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9719
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