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MORTGAGES 128 ff 42 45 Oath - who to administer.
Why this circuity (here as well as 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 <gap/> of their
might <add>they</add> not it with that of
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they might as well it should be trusted, it should seem, in respect of
this ceremonial part; which one man may exceute.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 anchored by this the power here given of deputing
a single person , are in a considerable
degree defeated by this circumstance: since the concurrance
of another person besides (viz a Justice or Trustee) a virtually
render'd necessary; unless the person under Licence deputed
ofhappens 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.
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[[info_in_main_headings_field::sect. iiii[sic] new mortgagees orig.]] |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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