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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
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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 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.
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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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[[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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