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false pretences and cheating their creditors, remains to be tried:
but, even that faculty, rather than M.r Humphrey's plan
should in other respects fail, I would, in case of necessity,
confirm to them, if it depended upon me. Even the difference
between divisibility and indivisibility of inheritance
as to land, great as it is when considered in itself, is
in my eyes, in comparison of the all-comprehensive security
endeavoured at by M.r Humphrey's, a minor object.
One part point, which, as far as I can see (for I have not yet
gone over his Book,) M.r Humphreys has not expressly touched
upon, is the necessity of homolegation, for expressing a word which, having
seen it elsewhere, I use, for shortness, to designate the conversion
of Common into Statute Law. As little Sir, I believe, will has any
mention be of it been made of it by you. Whatever may be your ultimate
design, consolidation, and consolidation only, is your
word as yet declared design, and I believe your word. By that word,
resistance was obviated, support bespoken and obtained.
Against your this consolidation plan, no official or professional voice
has, I believe, been lifted up: why? because, to the lawyers,
and to them alone, if the design stopt there, could it be of
any use: of use, namely by somewhat alleviating other their labours;
leaving the rule of action throughout as incomprehensible
to non-lawyers as before: especially if the lengthy and
involved phraseology in the established stile, in which
the consolidation plan has commenced, be persevered in.
While this the present state of things in this respect continues (need I <add>the
mention it?) under the Common Law the
Legislative power is in effect subordinate to the Judicial:
</p>
Identifier: | JB/011/201/002 "JB/" can not be assigned to a declared number type with value 11.
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1826-08-19 |
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011 |
law amendment |
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201 |
letter i corrected brouillon |
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002 |
on mr humphrys's proposed property code / offer in relation to it |
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correspondence |
4 |
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recto |
f1 / f2 / f3 / f4 |
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john flowerdew colls |
w weatherley 1825 |
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fr2 |
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1825 |
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[[notes_public::"fair copy sent to mr peel's house, endorsement private 19 aug 1826" [note in bentham's hand]]] |
3898 |
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