JB/078/155/001

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1826. Decr 3d
Review of Humphreys
Ch. Formula Agenda 1
§. 2. Author's Draught. what.

(2.) [Appurtenances.] In the instrument, needless
and useless is this word: in each individual case, under Judge-made
law, in case of controversy, along with the principal,
will be deemed to pass whatsoever the Judges chooses to
consider as included under this word: and, without
any mention made in the instrument,, such will be
the understanding of the parties. But, in the appropriate
Code, the demand for a specification of the import
of this word — a specification applied to all the
diversifications which the subject matter is susceptible
of, will be indispensable. Relation had to ers
and possessors, appurtenances may be either beneficial
or burthensome: composed, in so far as
beneficial, of fractional rights, conferred by law or
the owner of the principal subject matter: in so
far as burthensome, of obligations, negative or positive,
imposed upon him. Servitude, a word borrowed from
Rome-bred and unknown to English bred law, is the denomination
given to them — to all of them (so at least I should
expect to find,) burthensome and beneficial together,
by our author. Look at a conveyance of any kind, you
would suppose there were no appurtenances of any other
than the beneficial sort: for, of no other sort, in any such
instrument, or is any mention made under that name:
but yet without; or otherwise than by means of, the correlative
burthensome sort on the one part, no such objects
as the beneficial sort could have place on the
other part. Correspondent, to appurtenances burthensome
to owner or possessors, may be rights to whomsoever belonging:
belonging to individuals, they their rights are termed private:
belonging to government they are called termed public. To the head
of rights belonging to government belong taxes: having for
their correlatives obligations of the positive stamp cast:: in
both cases, the correlative obligations are numbered among
charges. Sadly inadequate to its purposes will be every
Code, that does not contain a full exposition of all
jurisprudential terms and phrases employed in it: for want
of it, resort will of course be had to judicial exposition: whereupon,

whereupon, notwithstanding
all that has
been done for the extirpation
of jurisprudential
law, up
starts a second class
of the poisonous weed.
The nonprevention of
this Code plague is among the
principal imperfections
of Bonaparte's Codes

Identifier: | JB/078/155/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-12-03	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	155	Info in main headings field	Review of Humphreys
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	25246
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