JB/078/184/002

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1826 Nov 29
Sugden's Proposed Reforms Sugden versus Humphreys

Sugden's proposed reforms

1.
Sugden's account of
Strict Settlement.
p. 10
&11.

2.
Per Sugden "the estate
is secured to the children
of the Marriage
to the latest generation,
without preventing
the power of aliening"
self contradiction.
p.12.

+ 3.
Complication in law
defended good because good
in a match — p.13.

++ 4
Shortening conveyance
by Legislation,
hopeless. p.14.

+ 5.
Long quotation from
Redesdale. Perplexity
as to Court is produced
by lengthiness
of conveyance.
Cause, Conveyancer's
sininster interests.
Suit precluded
by overlooked clause

p. 15. to 18

6. +
Per Sugden, this not
common. p.18.

7.
Bad Logic
Per Sugden, Conveyances
shorter, fees
would be higher.
p.19

8.
Approved by Sugden,
Legislatively sanctioned
forms. p.19
Statutification raided.

+ 9.
Per Sugden, no good
Equity men, but
good Conveyancers
p.20

Error 10.
Bar's morality and
intellectuality ever
increasing.
p.20.

---page break---

11.
Admissions
Per Sugden, change
Changes approved
Leases and release.
p.20

12.
Mischiefs admitted
Taxation increased
by needless Conveyance
Instruments — p.20

13.
Law Tax ill applied
On Copyholds, tax 5.
times as great as on
Freeholds. p.21.

14.
Law Tax ill applied
Conveyances Tax per
number of p.24.

15.
Law Tax evaded.
In Marriage Settlement
half the tax evaded.
p.22.

+ 16.
Sugden's account of
Humphreys account
of Succession.p.22.

17.
Vague Defence
Line of Succession a
plant, suited to the habits
and genius of the
Nation. p.23.

18.
Employed.
Sugden's objection to
limitation of power
Trustees would p.23.
embezzle or Equity must
prevent him. p.23.
J.B.'s remedy, interdict
Equity, embezzlement
none. p.23.

19.
Per Sugden, establish
legislative construction
Rules for Wills.
else do for Deeds useless. —
p.24.

20.
Sugden's objections to
transferring Equity
powers to Chairman
and Clerk of Sessions.
p.25.

---page break---

21.
Chairman In appointed
powers should
be the same power
holder unapt and unintended.
p.25.

22.
Per Sugden, passive
trusts are necessary
viz. to raise portions.
p.27.

23.
Unanswerability of
the objections to this
arrangement assumed.
Present system
works admirably.
p.28.

24.
H's raising interest
money by distress
condemned by S:
reason assigned,
none.

25. Per Sugden, H's excepted
trusts by operation
of Law evadable
Quere Mode of prevention?
p.29.

26.
Per S, against registration,
expence an
insuperable objection.
p.30.

27.
Powers — vague observations
as to.
p.31.

28.
As to Warranties,
Code useless, practice
alone attended
to; as if Code could
not follow or command
practice. p.31.

Per S. an unmentioned
Act about Warranties
ineffectual
S.'s reliance passim p.32
on disobedience
to laws.

---page break---

29.
S's reason against
making real estate
liable to all debts —
Lord's disinclination.
p.33.

30.
Per S. not allowing
Aristocracy to cheat
creditors would ruin
them. p.33.

31.
Priority given to Registered
dispositions bad
because confounding
what should be
distinct. p.34.

32.
S's objection to pedigree
enormous expence
& uselessness.
p.34.

33.
All comprehensive
condemnation composed
of vague generalities,
ipse dixitionis
& fallacies — § 4.5.

34.
S. himself has laboured
at Codification.
p.37.

Identifier: | JB/078/184/002 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-29	Marginal Summary Numbering	1-34, 1-2, 1, 1-2
Box	078	Main Headings	Review of Humphreys
Folio number	184	Info in main headings field	Sugden versus Humphreys
Image	002	Titles	Sugdens proposed reforms / Com. Law and Equity dyslogized / Codification condemned
Category	Marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections	Jeremy Bentham	Paper Produced in Year	1824
Notes public		ID Number	25275
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