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1827. Novr. 6
Law Amendment
ult
Propositions
Ch. Procedure
Existing System
Equity Delay
21
Functionaries whose Common
Law not having
Equity set up — Excusation —
given For collecting
and distributing the mass
of an aggregate fund
1. Bankrupt Commissioners
under them Assignees
2. Masters
under them
Receivers
Only for
sale of
stocks of movables
and allotment
of the proceeds without
distribution
has Common
Law: via the
Sheriff
Masters &c
trustee for
Widows and
orphans.
wolves for
sheep and lambs (a)
21 By the The need of demand presented by them it for a more permanent
trustee or set of trustees is one feature by which the procedure
of the Equity Courts stands distinguished at front from that of the
Common Law Courts. From For keeping possession of movables
till in satisfaction for the demand they can have been disposed of by Suits, the produce the procede to be delivered all at once to a
single claimant the
plaintiff the Common Law Cases
have their trustee — the Sheriff. (a) But for a long continued course of
receipt with a hand with joined to with the other
no such trustee has some first instituted Courts Judicatories. Hence
comes the demand for and the existence of the Lord Chancellors Assignees in Bankruptcy
cases, and of his Masters with Receivers under them in all other
cases: wolves under whom lay creditors and debtors. Widows
and orphans of deceased testates and intestates — sheep and lambs of
all sorts may be placed out at
22
Needed for obviating
this complication
no excuse delay but
extra disposable viz
by decomposition, as
above
22 But by the complication, and then by the extra delay unavoidably
organized by which but for decomposition will
markedly be organized by it, does then compleatly produce any
ulterior demand for delay? No: but rather for dispatch: and
by from decomposition, as effected by the proposed system, dispatch
will in r so far — the decomposition is made to have place,
follow of course.
23
Under the existing
system, self interest
calling for, power and
authorities
and produce universal
breach of trust
Sale trustees coffers
freely moving the valves,
opening inwards,
then opening outwards
Under the proposed no
sooner comes in the money
than it goes out: viz
the Great Bank
on which the continuance
in it does not
depend</note>
23. Receipt and distribution both applied to an aggregate
of any denomination — for both these operations demand demand for operators to perform them has equally place
under the existing and under the proposed Systems. But under the
existing system. But under the existing system to the individuals which every trustee so he can but do so with has
for doing profit from the trust to himself from the trust by the breach of it,
a most effectual stock of them are selected under the proposed system
none. Under the existing System the move the valves opening inwards,
hardy the valves opening outwards: under the proposed System equally lights both
at the enters into <add>not the receptacle with any mount any thing that does not
at the moment go
out of it: no time given for taking all of it. The Receptacle (the Great Bank) the only one that for any length of time that keeps the any profit by it, is
it would not keep it: but it eloped not upon the receptacle how
long the money still to be kept in it. [+]
[+]2 The will in which it how long the money
shall be kept in the receptacle is the will of a
functionary who can not get any thing by its being kept there.
21(a)
Sheriff can not sell [+]
[+] immovables. He can only dispatch them by Writ of among ; thus toties quotie by for Creditors.
Note (a)
(a) Competent to the sale of movables, Common Law was not competent
to the sale of immovable ones. It could divide land but it could not
sell a land By of is to divide land among
claimants in any number rightly so it was by , not otherwise
and how clumsily so was in one way or other divide the land it did.
By Writ of Eligit it then undertook to divide land: but in this case no otherwise
otherwise than in halves.
Whatsoever was his
what had he got of his Debt
if a was the half
of what he paid the
possessor of. First creditor half of the whole: secondly say creditor half of the remaining half, and so on till by arrival at the last alas, decomposition ceased. End of a Note
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Identifier: | JB/056/239/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-06 |
21-23, 21a |
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056 |
Law Amendment |
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239 |
Law Amendment |
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001 |
Note (a) |
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Text sheet |
1 |
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recto |
C6 / E6 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18295 |
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