Observations on the Actual State of the English Laws of Real Property; With the Outlines of a Code

Observations on the Actual State of the English Laws of Real Property; With the Outlines of a Code

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 edition. Excerpt: ...the total rental of land in England and Wales at from 23 to 25 millions per annum, its amount is surpassed by some single article in personal property, namely, the interest of our national debt, funded and unfunded, amounting, as it does, to 28 millions per annum. After the foregoing statement, it will not be too much to assert, that scarcely one-third of the clear unincumbered property of every description in England is governed by the law of primogeniture. The remaining two-thirds or more, however, must be viewed with this qualification, that they form the first fund for payment of debts. It has been justly observed by Montesquieu (a) that to educate children is a natural obligation on the parent; to give them his property is one of civil or political institution. This he illustrates by the constitution of different countries. Conceding however somewhat of the strictness of this principle, in favour of natural feeling, it has still been shown that, in our own country, the proportion of landed property is not such as to deprive a father of his power, in conjunction with his testamentary right, to make ample provision for all his offspring. It will, I trust, shortly appear, that the institution of primogeniture does not injure the civil welfare, while it confirms the political security of the public. Both good policy and our express laws require that land should be commercial, or, in another word, alienable. Indeed, to be assured of this, we need only remark, that a purchaser scarcely ever buys but he improves. But primogeniture, it is said, impedes alienation. The rule however has no such necessary consequence. This ivas the effect of entails; but they have been long since evaded, and (a) Esprit des Lois, liv. xxvi. c. 6. are now proposed to be...
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Product details

  • Paperback | 90 pages
  • 189 x 246 x 5mm | 177g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236500997
  • 9781236500991