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{{Metadata:{{PAGENAME}}}} | <head>MORTGAGES 128 § 42 45</head> | ||
<p> <note> Oath - who to administer. </note><lb/>Why this circuity <add>(here as well as <del>might</del> in the instance of Mortgagees)</add> in sending the parties <del>perhaps</del><lb/> 5 or 6 miles <add>perhaps</add> to have the Oath administered before<lb/> a Justice? <del>of the Peace</del> - If the <del>Legislators</del> <add>5 Trustees <del><gap/></del> </add> may be<lb/> trusted with the power of <del>appointing</del> <add>communicating</add> the substantial <lb/> <note> <del><gap/> require <gap/>)</del></note> part of judicial authority, <add><del><gap/> may</del></add> <del><gap/> of their <gap/></del><lb/> <del><gap/><gap/> might <add><del>they</del></add> not <gap/> it <gap/> with that of <gap/></del> </p> | |||
<pb/> | |||
<p> they might as well <del>it should</del> be trusted, it should seem, in respect of<lb/>this ceremonial part; which one man may execute.<del>2</del><lb/> as well as another, & which actually is executed in<lb/> the <add><del>"Courts</del></add> great Courts <add>& in other places</add> by persons of <add>very ordinary</add> <del><gap/></del> condition. </p> | |||
<p> the purpose of facility & promptitude which were<lb/> designed to <del><gap/></del> be <sic>anchor'd</sic> by this <add>the</add> power <add>here given</add> of deputing<lb/> a single person <del><gap/> <gap/></del>, are in a considerable<lb/> degree defeated by this circumstance: since the concurrence<lb/> of another person besides <add>(viz a Justice or Trustee)</add> is <unclear>virtually</unclear><lb/> <sic>render'd</sic> necessary; unless the person <del>under Licence</del> <add>deputed</add><lb/> <del>of</del> happens to be <del>a Justice or Trustee </del> <add><gap/> with either one or the other of them -</add> <add>Character</add> <unclear>As</unclear> first<lb/> case is very uncertain - the better not universal:<lb/> the <add>Clerk <del>seems</del> is </add> <del>to be </del> the person on whom the business<lb/> most naturally devolves. <note> the penalty being here also fixed instead of a running one, lies open to the objections above stated in the instance of Mortgagees. </note> </p> | |||
<pb/> | |||
<head>124 § 42. New</head> | |||
<p> | |||
<note> Mortgages</note> Instead <add>therefore</add> of the £10 | |||
<del>therefore</del> I would propose such<lb/> | |||
<add>a penalty as follows: <add><del>That's evidence <gap/><gap/> not | |||
b</del></add></add><lb/> "Shall <add>profit</add> At the option of the | |||
Trustees, either £ for every"<lb/>"day such omission shall have continued, | |||
without"<lb/> "being discharged of any part of the Balance due, "<lb/>"or in | |||
lieu of such Balance, half as much again"<lb/> "as the Tolls shall have produced | |||
<del>when</del> within"<lb/>"any period, not more than 5 years distant, | |||
equal"<lb/> "to that for which such account ought to have"<lb/> "been rendered | |||
<add>given</add>. And of such former produce"<lb/> " <gap/>a <gap/> to the | |||
Turnpike Trust shall"<lb/>"be admitted evidence." </p> | |||
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{{Metadata:{{PAGENAME}}}}{{Completed}} | |||
MORTGAGES 128 § 42 45
Oath - who to administer.
Why this circuity (here as well as might in the instance of Mortgagees) in sending the parties perhaps
5 or 6 miles perhaps to have the Oath administered before
a Justice? of the Peace - If the Legislators 5 Trustees may be
trusted with the power of appointing communicating the substantial
require ) part of judicial authority, may of their
might <add>they</add> not it with that of
---page break---
they might as well it should be trusted, it should seem, in respect of
this ceremonial part; which one man may execute.2
as well as another, & which actually is executed in
the "Courts great Courts & in other places by persons of very ordinary condition.
the purpose of facility & promptitude which were
designed to be anchor'd by this the power here given of deputing
a single person , are in a considerable
degree defeated by this circumstance: since the concurrence
of another person besides (viz a Justice or Trustee) is virtually
render'd necessary; unless the person under Licence deputed
of happens to be a Justice or Trustee with either one or the other of them - Character As first
case is very uncertain - the better not universal:
the Clerk seems is to be the person on whom the business
most naturally devolves. the penalty being here also fixed instead of a running one, lies open to the objections above stated in the instance of Mortgagees.
---page break---
124 § 42. New
Mortgages Instead therefore of the £10
therefore I would propose such
a penalty as follows: <add>That's evidence not
b</add>
"Shall profit At the option of the
Trustees, either £ for every"
"day such omission shall have continued,
without"
"being discharged of any part of the Balance due, "
"or in
lieu of such Balance, half as much again"
"as the Tolls shall have produced
when within"
"any period, not more than 5 years distant,
equal"
"to that for which such account ought to have"
"been rendered
given. And of such former produce"
" a to the
Turnpike Trust shall"
"be admitted evidence."
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Identifier: | JB/079/111/002"JB/" can not be assigned to a declared number type with value 79. |
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079 |
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111 |
[[info_in_main_headings_field::sect. iiii[sic] new mortgagees orig.]] |
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002 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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25553 |
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