★ Find a new page on our Untranscribed Manuscripts list.
1826. Novr. 26 +
Review of Humphreys.
Ch. Formula 4. Mortgage
Notes to Authors Draught
(1) (Mortgage) Mortgage is the title by which for the purpose I
the greater this : 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 ,
[+]3 When recovery of
rents is the object,
as it is, may be made production of, of carried into practice: benefit to
land lord: in general benefit to tenants in general: benefit to every body but
the th who are every body's worst of everybody and who will be suptly
known by that name. [+] 3 As to what So far as regard , where in so far as this is property
enough of the tenants or any body cl upon the promises, landlords,-
have been trusted by themselves, with yet yet al without good been
by themselves trusted with the power of being themselves judges in the one cause. [+]4 With then - where recovery
of possession in is the object
Wh the pledges in the
spot being wanting, or
insufficient, repossession
in the only ,- 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?
Identifier: | JB/078/040/001"JB/" can not be assigned to a declared number type with value 78. |
|||
---|---|---|---|
1826-11-26 |
|||
078 |
Review of Humphreys |
||
040 |
Review of Humphreys |
||
001 |
|||
Text sheet |
1 |
||
recto |
C1 |
||
J WHATMAN TURKEY MILL 1826 |
|||
Jonathan Blenman |
|||
1826 |
|||
25131 |
|||