Collected Legal Papers

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Later the right was extended by a constitu- tion of Severus.^^ The common law in like manner 3* Mors V. Slew, 3 Keble, 72. 35 Smith, Master and Servant, 3d ed. , 266. 86 P. 228 et seq. S? j bI. Comm. 427.
38 The Common Law, 228; Gaius, 3, §§ 164-166. 30 Inst. 2, 9, §§ 4, S; C. 7. 32. I.
94 COLLECTED LEGAL PAPERS allowed lords to appropriate lands and chattels pur- chased by their villeins, and after they had manifested their will to do so, the occupation of the villeins was taken to be the righ
...t of their lords/" As at Rome, the analogies of the familia were extended to free agents. Bracton allows possession through free agents, but the possession must be held in the name of the princi- pal;*^ and from that day to this it always has been the law that the custody of the servant is the possession of the master.^^ The disappearance of the servant under the persona of his master, of which a trace was discovered in the law of torts, in this instance has remained complete. Servants have no possession of property in their custody as such.

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