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<head>1828 <sic>Aug.</sic> 27<lb/>Blackstone</head> <!-- in pencil --> <p>6 /<lb/><note>§.2. Universal Jurisprudence<lb/>§ Rights<lb/>Possession</note></p> <p><note>If <sic>taylor</sic. detains the coat<lb/>have you legal possession<lb/>of it?</note></p> <p>But now, suppose the <sic>taylor</sic>, no matter by what<lb/>consideration, determined <add><gap/></add> to provide your getting your <add>and accordingly providing</add> your <add>the</add> coat<lb/>Again: in this case, by the supposition a wrong is done<lb/>to you: in this case <!-- brackets and deletion in pencil --> [<del>then have you the right of taking<lb/>it or causing it to be taken back again.</del>] can you with propriety<lb/>to send to him possession of your coat? physical<lb/>possession actual possession, by the supposition you have not,<lb/>have you <gap/> the legal possession?</p> <p><note>This depends on your being<lb/>able without incurring punishment<lb/>to take it back<lb/>into your <hi rend="underline">actual</hi> possession</note></p> <p>In this case your having or not having this same<lb/>legal possession will depend <add>depends</add> upon your being able, without incurring<lb/>punishment at the hands of the law, <del>as also</del> without<lb/>applying to the law for its aid on this behalf, to take the<lb/coat back <del>into</del> the <del>coat</del> <add>take it</add> into your actual <add>physical</add> possession, and<lb/><add>thereupon</add> apply it to its uses.</p> <p><note>Under law as it is can<lb/>you do this? It depends on<lb/>circumstance: Yes: if<lb/>Coat is hanging in public<lb/><gap/> was his house, you may take it.</note></p> <p>Now then in this case, under <hi rend="underline">Law as it is</hi>, have<lb/>you then some legal possession? have you, without and against<lb/>his consent; <add>the right</add> to take it back again? Answer: <add>yes and No: which if this <gap/> is the<lb/>true aim</add> this will depend<lb/>upon circumstance: this is to say it will depend upon <add>three <gap/></add> circumstances<lb>whether <del><gap/> at his <gap/></del> by the hands of a Judge <del>you</del> at<lb/><add>the <gap/> of the <sic>tayler</sic> you<lb/>will be punishable for so doing. Now for these circumstances.</p> <p>1. For the purpose of being <hi rend="underline">dried</hi> or any other purpose, supposing<lb/><del>it hung up</del> <add>the coat hung upon</add> a bush growing in the public road, close to<lb/>his house: in this case, let let him or his, ever so <gap/><lb/>and <gap/> <gap/> you, take it you may without being <del><gap/></del> <add>liable</add><lb/><del>to on</del> <add>to be punished in any way (either to his profit, or to that of the government in trust for the public)<lb/> provided</add> the state of things is <gap/> to appear by evidence: and<lb/>Accordingly, in this supposition; the <add>legal</add> possession of the coat may in this<lb/>case, be said to <del>put</del> be <!-- brackets in pencil --> [and to have all <gap/> <gap/>) in you</p> | |||
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1828 Aug. 27
Blackstone
6 /
§.2. Universal Jurisprudence
§ Rights
Possession
If <sic>taylor</sic. detains the coat
have you legal possession
of it?
But now, suppose the taylor, no matter by what
consideration, determined to provide your getting your and accordingly providing your the coat
Again: in this case, by the supposition a wrong is done
to you: in this case [then have you the right of taking
it or causing it to be taken back again.] can you with propriety
to send to him possession of your coat? physical
possession actual possession, by the supposition you have not,
have you the legal possession?
This depends on your being
able without incurring punishment
to take it back
into your actual possession
In this case your having or not having this same
legal possession will depend depends upon your being able, without incurring
punishment at the hands of the law, as also without
applying to the law for its aid on this behalf, to take the<lb/coat back into the coat take it into your actual physical possession, and
thereupon apply it to its uses.
Under law as it is can
you do this? It depends on
circumstance: Yes: if
Coat is hanging in public
was his house, you may take it.
Now then in this case, under Law as it is, have
you then some legal possession? have you, without and against
his consent; the right to take it back again? Answer: yes and No: which if this is the
true aim this will depend
upon circumstance: this is to say it will depend upon three circumstances<lb>whether at his by the hands of a Judge you at
the of the tayler you
will be punishable for so doing. Now for these circumstances.
1. For the purpose of being dried or any other purpose, supposing
it hung up <add>the coat hung upon a bush growing in the public road, close to
his house: in this case, let let him or his, ever so
and you, take it you may without being liable
to on to be punished in any way (either to his profit, or to that of the government in trust for the public)
provided the state of things is to appear by evidence: and
Accordingly, in this supposition; the legal possession of the coat may in this
case, be said to put be [and to have all ) in you
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jeremy bentham |
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