JB/078/040/001

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1826. Novr. 26 +

Review of Humphreys. Ch. Formula 4. Mortgage
Notes to Authors Draught

(1) (Mortgage) Mortgage is the title by which for the present purpose I
the greater this deed: this being the most important and obvious species of
the g. In what ever A f which our Author has devised the word chaoss

(1) (Mortgage) Preferable to Mortgage - is understood by nobody: land-
pledge by every body: by every body male and female, who has ever seen
or heard what passes at a Pawnbrokers. So much for name:| Behold now
how much may depend upon a right name; behold the instruction that
may be afforded by it. [+] As the pawnbrokers a demand justice for extra value a thousand pounds

[+]Give validity and
to neithereither of these
forms, and there will be No
more Equity suits nor
any more delay where
land is the pledge than
where a pair of carriage
waste the same money is sp is
the pledge: and the present licenced depredation,
as well on the part of the
lender as on the part
of the borrower, is at
an end.

Is it that What is it that should make the difference? Is not a sheet
of paper as early passed from hand to hand as a pair of carays?
As to difference if any thumbs If the difference it is all of it in favour of the law immoveable
pledge: for the bind jewels, may be run off away with, and the land
note. Secrecy- in regard to r in that in the put to will wit, is that an
object? for in the borrower's all out lest the slab of the finance
should be in the objective better made effectively can that be provided for in the case of
the hand plan in the case of the diamonds. the receiver of the rents
who was he in being supposed a person prefect on an objecting confidence in both
sides, in the case of payment at the men the transfer is made to
have in trust in case of payment, to det the money is the lead to an
the one party as one side, in case of non payment, to the other. Here
too, as fast as regards the principal, all changes vanishes: the trustee
can no more tun away with the kind, than borrower or lender could
and as to the interest it is no more than what every man who
hasemploys a steward, by so doing trusts him with. | [+]2

[+]2 Is indulgence to debtors
an object? How much better
could it be afforded
by a how much likelier would
it be to be afforded by a
creditor who had no law
charges to apprehend, than
by one who has such law
charges to apprehend as
those which hand over his
head at present! [

Behold how the extent of the benefit which this thing, simple
[+]3 When recovery of
rents is the object,
as it is, may be made productive of, if carried into practice: benefit to
land lord: in general benefit to tenants in general: benefit to every body but
the three who are among every body's worst enemies of everybody and who will be sufficiently
known by that name. [+]3As to what So far as regards , where in so far as this is property
enough of the tenants or any body elses upon the premises, landlords,-
have been trusted by themselves, with yet yet altogether without good reason been are
by themselves trusted with the power of being themselves judges in the one cause. [+]4 With then - where recovery
of possession is the object
Wh the pledges in the
spot being wanting, or
insufficient, repossession
is the only remedy,- with
in that case only - might those
—
how much less change might they not be trusted with the power of
being judges to the effect in question, judges in the cause of others?

justice Others with whom they have no connection? On this plan, in case of appeal and the justification which
judications have cognizance, which at present have it at present have cognizance in the first instance. Of the essentially and
invariably corrupt and altogether unapt in every respect unapt judicatory in question my opinion differs not fromis the same as those of the
Morning Chronicle: but, so long as the people arecontinue oppressed with it, I see much much less damage in this its
having any of this which it at
present exercises.

Identifier: | JB/078/040/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-26	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	040	Info in main headings field	Review of Humphreys
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks	J WHATMAN TURKEY MILL 1826
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	25131
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