JB/095/065/001

Click Here To Edit

TURNPIKE - TRUSTEES.
Ovservations continued

may be said of them; and doubt against doubt, that expression is the least exceptionable which is the shortest
and most familiar.
The original deems to have been framed upon these considerations: 1. that There are two ways in which
a man makes an advantage of his estate; by taking either the specific profits of it himself, or 2.a
price in lien of them:the word was therefore inserted to express the 1st these cases. The words "Receipt
of t
he rents and profits" to express the 2- rather indeed for the sake of explanation than the word "" was insufficient in a legal sense to include them both.2 that this however, to understand it literally would com might in-
-prize-clude the condition of a bare Steward or Trustees; and therefore the restriction "in his right" was added. Lastly that these words being frequently put in contradistinction to "his wife's" might of themselves be understood to
be so here; & therefore the last mentioned words were coupled with them.

Now I can see no reason why the word " enjoyment" should not be understood to express all this. A man may
be said to enjoy an estate indifferently' where nothing more that a present enjoyment is required, whether it be
in his own right that he has come to it, or his wife's; whether it be by taking the specific profits himself or
a rent instead of them: and he can not be said to enjoy it, by taking the profits or the rent of it as a
Trustee or Steward for anther.

I have said, a present enjoyment; for it is remarkable that nothing more is here required: if it is from
this circumstance that it seems as if the design were rather to secure a certain rank in the persons invested with these truth, than a certain fortune' under the notion that a real estate to the amount specified is not
likely to have been though for over so short a time in the hands of persons of that mean condition which it is endeavoured to exclude. In the other view the provision is manifestly imperfect. In any view in-
-deed consequences seem to arise from this deleted text scarce consistent with the design; that Estates holden of
Will; by Sufferance; by Statute - Merchant or in satisfaction for a small debt, by the discharge of
which they might be annihilated in an instant; that all any of these, I say, might respectively constitute a quali-
-fication: estates that most of which might easily be created for the purpose . were there any thing in the office that to
make it worth the while.

I... Lands Tenements and Hereditaments... O.<unclear>J

These 3 terms, it is observable, although the last of them, besides
what may be peculiar to itself, the full import of the other two, are constantly brought in in a like
and in the . The practise indeed, whatever may have been it's origin, whether an attachment
to a particular kind of jingle, or the common propensity of in the dealers in this kind of ware to fill the
, wll not, while the people have so little opportunity as they have at present of acquiring legal knowledge,
be altogether without a reason. The word Hereditaments were it to stand singly, would be absolutely unintelligible
to the greatest number: there is not one deleted text in ten who knows an Hereditament from a salamander:
nor one in a thousand, even among persons of education who has an adequate Idea of it; and thence it is
that the others, ill-defined as their own meaning is in the conceptions of deleted text the generality, are yet become notwithstanding in a manner
necessary to put deleted text men upon the scent of it's signification.

Identifier: | JB/095/065/001"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	065	Info in main headings field	sect. ii turnpike-trustees
Image	001	Titles	observations continued
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30951
Box Contents