★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1828 <sic>Sept.</sic> 27<lb/>Blackstone on Civil Code</head> <!-- in pencil --> <p><note><sic>Ch. Univ.<sic></note><lb/>(2 <note>§ <gap/> <gap/> <gap/><lb/>Analysis<?note></p> <p><hi rend="underline">Reliance</hi> its relation to <hi rend="underline">conveyance</hi><lb/>Release as for an obligation</p> <!-- text to the right of this --> <p>Obligatory persons interest <gap/><lb/>correspondent <hi rend="underline">releases</hi>.</p> <p><note>7<lb/>Both expressive of<lb/>will — by both <sic>burthen</sic><lb/>as well as benefit produced</note></p> <p>Both are expressive of will: of will to which if<lb/>the government <del>gives all</del> hands to them its sanction it<lb/><add>by so doing</add> gives the force of law</p> <p><note>8<lb/>In the case of conveyance<lb/>benefit the most prominent<lb/>is that of<lb/>obligatory promises<lb/>the <sic>burthen</sic></note></p> <p><add>By both of them, <sic><hi rend="underline">burthen</hi></sic> as well as benefit is produced<lb/>But in the case of an act of transmission — say<lb/>a conveyance — <del>it is</del> <hi rend="underline">benefit</hi> <del>such that</del> <add>is that one</add> of the two objects<lb/>which stands most prominently in view: in the case<lb/>of an <add>a legally</add> obligatory promise, or even in the case of a pair<lb/>of reciprocally obligatory promises, <del>it is</del> <sic><hi rend="underline">burthen</hi></sic> is<lb/>that which stands most prominently in view.</p> <p><note>9<lb/>To the receiver in<lb/>the case of conveyance<lb/>the benefit manifest</note></p> <p>That to <add>one party</add> the receiver a benefit <del>of</del> is a result<lb/>if <del>an</del> <add>the</add> act of transmission — the thing transmitted being <del>regarded</del> <add>understood</add><lb/>to have its value is manifest</p> <p><note>10<lb/>The burthen lies<lb/>upon him in whose<lb/>possession the subject<lb/>matter was</note></p> <p>Now then as to the <sic>burthen</sic> — where does it lie.<lb/>Answer it lies upon <del>the</del> him in whose possession the subject<lb/>matter was at the <del>time</del> moment of the act of transmission,<lb/>and this whether he were the person by whom that act is<lb/>performed, as is most commonly the case or some other person,<lb/>as in some instances is the case</p> <p>☞ <unclear>State Doctrine</unclear> speak here?</p> <p><note>11<lb/>Example the table<lb?>on which I write if<lb/>transferred by me<lb/>to you — the benefit<lb/>accruing to you the<lb/><sic>burthen</sic> of transmission<lb/>rests on me</note></p> <p>Take for instance the table on which I write. If<lb/>I <sic>transmitt</sic> it to you — <del>suppose great <gap/.</del> say for a price<lb/>you buying it of me: the benefit of <del>the transmission</del> <Add>this dealing<A/dd. in so<lb/>far as the | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1828 Sept. 27
Blackstone on Civil Code
<sic>Ch. Univ.<sic>
(2 §
Analysis<?note>
Reliance its relation to conveyance
Release as for an obligation
Obligatory persons interest
correspondent releases.
<note>7
Both expressive of
will — by both burthen
as well as benefit produced
Both are expressive 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 <add>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 in view.
9
To the receiver in
the case of conveyance
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<lb?>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 <gap/. say for a price
you buying it of me: the benefit of the transmission <Add>this dealing<A/dd. in so
far as the
Identifier: | JB/031/033/001"JB/" can not be assigned to a declared number type with value 31. |
|||
---|---|---|---|
1828-09-27 |
7-11 |
||
031 |
civil code |
||
033 |
blackstone or civil code |
||
001 |
|||
text sheet |
1 |
||
recto |
e2 |
||
jeremy bentham |
|||
9719 |
|||