JB/031/017/001

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1828 Aug. 6
Blackstone

In a case of property, then – whatsoever be the
subject matter – immoveable, movable, or incorporeal+ –
wherever where possession is in question – the question being
who is, and who is not in possession of it, two three descriptions
of persons will have to be brought to view. 1. those
who are in possession – 2. those as against whom they
are in possession – 3. (if different from those against whom)
those who are not in possession.

+ ☞ Examine how far this holds good in the case of incorporeal
subject matter. For this purpose the several species
of incorporeal subject matter must have been classed: grouped
and the groups divided if practicable in the bifurcate exhaustive mode.

Then as to the beneficial effect of being in possession –
the power or or the right, that the possessor has for giving effect – to
such his possession – to the relation he bears to the thing in question.

wh 1. If a power, it is sinejudicially exercisable: i.e.
the legal power of employing physical force by the hands
of the power holder, or any assistants or substitutes of his
in obtaining the physical faculty of using the thing
viz. by laying hold of it the thing in case of no non resistance: 2.
in case of resistance by operating upon the persons and things by which
the resistance is opposed.

2. If a right without power it is in no otherwise than judicially exercisable – it is the right
of demanding, for the purpose in question, the appropriate
judicial service, at the hands of the Judge.

Identifier: | JB/031/017/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-07	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	017	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9703
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