JB/075/013/001

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1828, July 9.
Real Property Commissions Answers

1.
Commissioners letter
receipt acknowledged.

2.
Inquiries shared have
an object as well as
a subject matter.

3.
In the case of the present
Inquiry, no object
announced except
in as far as it
may be designated by
the expression desirable
alterations.

4.
The word improvement
supposes an object,
but indicates not what
that object is.

5.
J.B. therefore submits
what, in his view, it
is desirable those objects
should be.

12.
As to security of title,
no improvement adequate
unless it includes
all kinds of
title: successor included.

13.
Assurance is no
better than nominal
to all but the opulent
under the existing
Procedure system &
Judiciary Establishment.

14.
Title efficient cause
of Proprietor's right.
Two parts
1. Initiative.
2. Consummative.
i.e. the perview of the
law.

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15.
Initiative efficient
causes.
I. The act of Nature:
1. Death
2. Insanity
II. The act of man
1. authorized.
2. Unauthorized,
or delinquency.

16.
Here the consideration why personal only
and not real property
should be transferable
in satisfaction.

17.
Methods and objects
The commission appellatives inapplicable at once
deficient and redundant.

18.
Title by transfer
1. by mortgage.
2. by succession
3. by forfeiture.

19.
The word transferring
includes alienating
or conveying.

20.
If the transferring
be added, it would have
been the word charging.

21.
Time would be better
employed in drawing
up ameliorating enactments,
than in describing
improvements.

22.
This J.B.'s motive in
publishing Codification
Proposal.

23.
J.B. proposed describing
enactments conducive
to the ends
in question.

24.
If the object were to
delay the improvements,
the course would be to
appoint an Inquiry
Commission.

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25.
Law a snare except
in so far as knowable.

26.
If known or knowable
it is a benefit.

27.
Knowability of all
laws practicable.

28.
As to law of property
two distinct portions of
law to be kept in view
1. Civil Justice
2. Political Economy

29.
Lawyers and Lay Gents'
interests their repugnancy.

30.
Dissappointment-preventing
principle —
sole but sufficient
reason for rejoind to
Civil Justice.

31.
Every principle of
justice, first principle
of justice. vested rights
or having

32.
J.B. exhibits and
exemplifies aptitude
to all those who
choose to have it

33.
Course pursued on
the occasion of the
Review of Humphreys

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6. or 1.
Subject matter proposed
obligatory transactions:
viz.
1. Conveyances.
2. Engagements.

7. or 2.
General main end,
giving execution and effect
to such as government
thinks fit to give
it.

8. or 3.
Specific main ends
in so far as for expression
to the transaction
a written instrument
is employed, avoidance
of uncertainty, as to
three points: viz.
1. Import what.
2. Consent what and
how far given to it by
the parties in question.
3. Import whether and
how far sanctioned by
law.

9. or 4.
Civil consequence of
uncertainty, disappointment.

10. or 5.
As to consent, time
is always material:
place frequently.

11. or 6.
II Collateral ends
1. Minimization of delay
2. Minimization of express.
3. Minimization of vexation:
viz. from consideration
of
1. The delay and correspondent
failure of the benefit
looked for.
2. The uncertainty, as above
3. The expense: viz. consumption
of time with
more or less labour
with or without additional
labour and expense
of journeys.

Identifier: | JB/075/013/001 "JB/" can not be assigned to a declared number type with value 75.
Date_1	1828-07-09	Marginal Summary Numbering	1-5, 12-33, 6 or 1 - 11 or 6
Box	075	Main Headings	law amendment
Folio number	013	Info in main headings field	real property commission answer
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	24467
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