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LARCENY EMBEZZLEMENT
The standing of a evill action will
always be regardedreceived as conclusive
of conness of Title
In the 1st Case, he has it not in both
In the second he had it in both cases
till the act of embezzlement
In the 3d he has it in both
When The distinction being made between 1. Physical faculty in <add>actual</add> exercise 2d Physical faculty [against human obstacles opposite act in in] and leg
right, I see not what other the subject division at this stage can afford — Legal right itself is indeed
of a number ofdivisions — one of which for instance may be this which is given to it in virtue of it's being limited uncertainly in pe
of time — The right legal of possession which lawyers speak of, as contradistinct to the rig
to the thing itself, which a man by a<add> in<add>exception</add></add> Action of ment Writ of Possession<add>executed</add> Ejectment is indeed nothing but but a right to the thing itself deable dpositively
1. Faculty actually exercised
actually enjoyment any other ejectment defeasable indefinitively by aperpetual Injunction or Writ of Right. — It is the same
Relative differently modified in point of time.
2 Faculty not exercised - against
human opposition Obstacles — I must confess myself unable to form a clear Idea of Possession as distinguished on the
3. Right Defensible on a contrary
of a permanent title - Right of Possession on one hand from Right a moral Relation [between a person & a thing] & on the oth
4 Right indefensibleactual occupancy, a physical one.
If then it be taken in the first Sense, it is belongs to predirable as well of a man, whom he has permitted
to a ,as where had Grown.
Whose property charged? }Midd. Journ. Apr. 18.-20 1772}
Williams convicted at the last Shrewsbury}
Assizes of stealing a chit box}
containing £100 }
of Death, but reped for transportation - }
Sr for theft} If in the latter, I see not how with what propriety it can be predicated of a man who is in London with
respect to a Home which he has in Yorkshire
It may here be saidanswer'd that the possession of im-moveables recoverable by a Civil Action that
of which we have a clear Idea - and it is not the same as al pence because
a man has it having at one end of the Kingdom of an Estate at the other. end of their Kingdom and it is nor is it not the same as aright
because that may belong all the while [exclusively] to somebody else — I answer that is
the a right at the time, which the man and he only who holds by what it called
possessing Title, exclusively is invested with h e who has a right to corporal
by a writ of Right, not having the but only being to have it or not as the
claim shall be determined or not in his favour
3. Counts - 1. for Goods of a person
unknown - 2. for the Landlord
of the House - 3 for
In our case it seems ha has only
the custody, in the other the possession
now of a man being a couple ofpair of Salt-Sellers & on of pair to his Country House
and another to an acquaintance to keep
for him
Every man is of unquestionably
of liberty to call that Relation that
subsorts between a thing given &
the Servant of him who has boughtButler & the 1st Saltsellers
it said put if in his House
The Custody, and that which subsorts
when between this Stiles and the
other Saltsellers, the possession
[is what every man that please has
an unquestioned right to do] this but
unless two clear & distinct Ideas can be
found [out] for these two distinct
bounds, much I shall will not be
we shall not be much the worse for
by the distinctness.
Let us therefore exa what we
can mean when we speak of a possession
and what we can mean when we
speak of a custody, and see whether
we can find any thing different relative to mean
with the fatter in mouths than we meant with the former
EMBEZZLT [BR][4] Right x Possession x Custody.
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Identifier: | JB/070/225/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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225 |
embezzlement |
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001 |
right & possession & custody |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23340 |
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