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Titre : An introduction to the principles of morals and legislation : printed in the year 1780 and now first published / by Jeremy Bentham,...

Auteur : Bentham, Jeremy (1748-1832). Auteur du texte

Éditeur : T. Payne (London)

Date d'édition : 1789

Notice du catalogue : http://catalogue.bnf.fr/ark:/12148/cb30085224s

Type : monographie imprimée

Langue : anglais

Format : 9-CCCXXXV p. ; in-4

Format : Nombre total de vues : 378

Description : Contient une table des matières

Droits : Consultable en ligne

Droits : Public domain

Identifiant : ark:/12148/bpt6k93974k

Source : Bibliothèque nationale de France, département Droit, économie, politique, F-17858

Conservation numérique : Bibliothèque nationale de France

Date de mise en ligne : 15/10/2007

Le texte affiché peut comporter un certain nombre d'erreurs. En effet, le mode texte de ce document a été généré de façon automatique par un programme de reconnaissance optique de caractères (OCR). Le taux de reconnaissance estimé pour ce document est de 85%.

thé word M~Mg/K/. The circumâance of fraudulency then may ferve t0 chara&eri~e a particular fpecies, comprifable under each of thofe generic heads in like manner the circumftance of force, of which more a little farther on, may ierve to charpente another. With reipect: to wrongful interception in particular, the ~M event by which thé title to the thing in queftion fhould have accrued to you, and for want of which fuch title is, through the delinquency of the offender, as it were, intercepted, i~ either an act of his own, expreffing it as his will, that you fhould be conndered by the law as thé perfon who is legally in poJïëŒon of It, or it is any other event at large: in the former cafe, if the thing, of which you fhould have been put into poHeuion, is a fum of money to a certain amount, the offence is that which has received the name of <K/Krv, which branch of delinquency, in confideration of the importance and extent of it, may be treated on the footing of a di&inct genus of itfelf

Next, with regard to fuch of the offences againft property as concern

The light in which the offence of infbiveticy is hère extibited, may perhaps at ËfA confideration be apt to appear not oniy novel but improper. It may naturaUy enough appear, that when a man owes yon a fnm of money, for inftance, the right to the money is your's a!ready, and that what he with-holds from you by not paying you, is not the legal titte to it, poffeffion of it, or power over it, but the phyfical poffeffion ofit, or power over it, only. But upon a more accurate examination this will be found not to be the cafe. What is meant by payment, is always an aR: of inveftitive power, as above explained an expreiEon of an a& of the will, and not a phyfical a& it is an a& exercifed Tu~ ~/a/Ma indeed te the thing faid to be paid, but not in a phyfical fenfe exercifed upon it. A man who owes you ten pound:, takes up a handfui of Ctver to that amount, and !ays it down on a table at which you are fitting. If then by words, or geftures, or any means whatever, addreffing himfelf to you, he intimates it to be his will that you fhould take up the money, and;do with it as you pteafe, he is faid to have paid you but if the cafe was, that he laid it down not for that purpofe, but for fome other, for instance, to count it and examine it, meaning to take it up again himfelf, or leave it for fomebody elfe, he has not paid yon yet the phyfical a&s, exercifed upon the pieces of money in queAion, are in both cafes the fame. Till he does exprefs a will to that purport, what you have is not, properly fpeaking, thé legal poffeffion of the money, or a right to the money, but only a right to have him, or in his default perhaps amini(terofiut!ce, compelled to render you that fort of fervice, by the rendering of which he is faid to pay you that i5, to exprefs fuch will as above-