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character of charges, will extinguish the present technical distinction between legal and equitable assets. By rendering the real estale liable, in the second degree, and in aid of the personal, to the payment of debts of every description, we shall avoid the complicated and costly process marshalling assets in equity. The co-operation of the two measures, with the assistance of some secondary ones, about to be proposed, will clear the way to a simple and just system for the distribution of assets.'
We have already noticed our author's important distinction between active, or operative, Trusts, and those which are merely passive or nominal. The latter, as we have seen, he means to abolish--the former to regulate, first by authorizing the delegation of trusts, so as to invest the delegate with the whole actual disposition and management of the lands, and with the receipt of the rents and profits during a prescribed period; and secondly, by directing, that the actual purpose of disposition, management or receipt, so far as regards the corpus of the property, shall be expressed in the instrument by which the trust is created; leaving the application only of the rents and profits at liberty to be declared by any separate instrument. The professed object of this provision is to prevent a relapse into nominal trusts, and to imprint on the face of assurances, their real character; an object which he further aims at in the articles on Registration.
The next article directs that, * in all dealings of the trustee respecting the trust property, its produce and the application of it, his receipts and other acts, shall be as valid as of a beneficial owner.' Its object is to correct a vicious doctrine in equity which constantly contravenes the intention of the parties, by depriving a trustee, in most instances, of the power to exercise a most important part of his trust, namely, to receive and give a discharge for the produce of the fund. The ill consequences of this rule are forcibly depicted.
After adverting to the very defective state of the actual laws on the subject of registration, and the mischievous doctrine of equitable, or constructive, notice, the author shows, that the expediency of either enrolling, or registering the substance of all assurances for the protection of alienees and incumbrancers against latent dispositions, has been long recognized.—He then discusses the much agitated question whether enrolment at length, or registration of the substance be preferable. Against the former are objected, the disclosure of private transactions, and the expense attending it. In favour of the latter, it is urged, that while it avoids these objections, at the same time in stating the instrument, the parties, the land affected, and the general character of the interest disposed of, every circumstance necessary for
-on the Laws of Real Property. 575 he information of the public is disclosed. Mr. Humphreys deides in favour of the latter.-The various enactments by which hese objects are proposed to be effected are not susceptible of bridgment. One description of registry however deserves notice rom its novelty and importance; namely, that of pedigrees, to prove the descent from an intestate. The present law for the egistration of judgments is allowed to remain in full force for en years only; but with liberty to renew it during or at the end of that period. Contracts for the purchase of land are permitted to be registered, and to acquire thereby precedence over all subsequent assurances. Nine different specimens are prescribed of memorials framed agreeably to the author's principles. These again are succeeded by a prohibitory article, against any effect of notice, either to give validity to an unregistered act, or to disturb the order and priority of registration. The author never lets pass an occasion of either assailing or guarding against this doctrine of courts of equity.
An appendix is subjoined to the work in which, the more strikingly to illustrate his system, the author has exhibited contrasted tables of descent, and forms of various deeds of sale, mortgage, and settlenient, according to the present laws and to the proposed system; the latter being accompanied by a short exposition of the principles on which they are framed. We were scarcely prepared, even by all that preceded it, for so singular an exhibition of the economizing power of his provisions as is presented by these contrasted forms.
We trust that we have now presented to our readers an accurate view of this singular work; which is evidently the production of a gentleman not only thoroughly conversant with the English law of property, and the modes of its transmission, but who has also bestowed great thought and reflection on the principles of universal law; particularly with reference to the motives which influenced the compilers of that extraordinary code designated by the name of the late French Emperor. To its provisions, throughout the work, he makes frequent recurrence---so frequent, as to have tempted us now and then to remind him, that he pro
fessed to legislate, not as a cosmopolitan philosopher, but as an :: Englishman, and for Englishmen ;-Σπαρτην ελαχες κεινην κοσμεί
We are disposed, however, on more deliberation, to give credit # to the readiness and ardency with which he draws from foreign
sources, and especially from the brilliant theories of Montesquieu, illustrations of his own doctrines, indicative at once of the power and the disposition to generalize on this most important of legislative subjects. Many indeed may feel a disposition to shrink from his suggestions, as carrying too much the semblance of, what
is usually termed, a radical reform-and, no doubt, those sug. gestions go to subvert some established principles, as well as a multitude of (what are too often mistaken for principles) established forms and ordinances. But, although forms and principles are frequently confounded by ignorance, and still more frequently by prejudice or interest, nothing is of such vital importance in all legislative discussion, as that care, amounting even to jealousy, should be taken to extricate the subject from so grievous an error as that which would elevate the petty concerus of clerks and notaries to a level with the great landmarks of law, the constituted bulwarks of civil liberty and religion. The true question is, whether, consistently with the preservation of these landmarks, and with the security of their deferees, the proposed system is practicable;—and we see nothing in the outline presented to us, to convict it of impracticability-we see nothing even to induce us to question, whether the facts bear out the author's repeated assertions—that, to at least a considerable ertent, the laws of property may be reformed without innovating: and that, where innovation or abolition is thought to be necessary, the proposal is sanctioned in most instances by prior legislative changes, of the same or a greater extent, and in the rest, by jus. tice, or obvious expediency.
1. It must be admitted, that the statute of 12 Car. 2. introduced a much more extensive abrogation of the then existing law as to tenures, than any thing which Mr. Humphreys proposes ; and that also at a far greater gratuitous sacrifice on the part of the feudal lord, than any to which his patriotism is by the
present measures subjected.
2. The statute of 27 Hen. 8. was intended to abolish uses, by investing them with the character of legal estates; and this would have been the actual consequence, but for the narrow construction put upon it by judicial interpretation.
3. This false principle of interpretation gave room to the revival of uses in equity, under the name of trusts ; which would not now have existed, had the intention of the legislature been properly seconded. In those anomalous characters of passive or nominal, trusts are peculiar to the jurisprudence of this country. Indeed it is not less surprizing than true, nor less true than mortifying to national pride, to discover, that many of the boldest measures proposed by Mr. Humphreys for our adoption, as improvements in the English laws of property, have already been carried into operation, and are now the established law of so many states infinitely below us in the scale of political greatness and moral excellence.
of these four charnel-houses, the men's slave-room was only two feet seven inches high ; in the second, two feet; and, in the third, two feet three inches. It is stated that in some of these vessels were fierce dogs of the blood-hound species, trained to sit watching over the hatches during the night, lest the wretched beings below, driven to desperation, should make any attempt to reach the region of purer air.
But the heart sickens over such details. What the sum of human misery must amount to during the passage across the Atlantic in the ships that escape, we can only forın some idea from the state of the few that are captured—for very few indeed they are, compared with those that elude our cruizers. The number of vessels brought for adjudication at Sierra Leone in the year *1824, as stated by the Commissioners, amounted only to six, out of which the number of slaves emancipated was 1,245. The total number of cases adjudicated since the establishment of the Mixed Commission is stated to be fifty-two; and the total number of slaves emancipated up to the 1st of January, 1825,–5,160. In the year 1825 they report the condemnation of six ships having on board 1,660 slaves.
But bodily suffering in these floating dungeons of filth and corruption of disease and death-is but a part-perhaps a small part—of the misery which the ill-fated African is doomed to undergo. If we allow him to possess but a small portion of the common feelings of our nature, we may imagine the mental agony which must attend the eternally recurring recollection of that moment when he was brutally snatched away from friends, family, and dearest connections, to be crammed into the hold of a slaveship; his cruel lot still further embittered by that dreadful state of suspense and anxiety, which a total ignorance as to his future fate must unavoidably produce.—Major Denham has taught us how sword and fire are let loose upon harmless and peaceable villages for the sake of seizing and carrying off the unoffending inhabitants, 'even far in the interior of Africa, where, contrary to what is observed in most regions, the natives are more civilized than those nearer to the sea-coast; how wars are multiplied upon wars merely because those of the vanquished that escape butchery are slaves,all this in order to satisfy the greedy and rapacious cravings of the native slave-dealers, who are again tempted and urged by the European traffickers.
Here then, on the coast of devoted Africa, is scope enough for the exercise of our humanity. Here is the favourable climate and the fertile soil, on which is nourished and propagated that condition of slavery which we are so anxious to abolish-here is the root; and in vain should we cut down the tree, while the root is
suffered to remain; young scions will shoot forth with fresh vigour, as we have seen them do in the course of the last twenty years. If we really wish to abolish slavery, we must first eradicate the source and origin, the feeder and the nourisher, of it. Yet those who would be thought the most zealous advocates for meliorating the condition of the African, who are most sensitively alive to every thing that interferes with his happiness and comfort—those, iş short, at whom the South Carolina resolution points, loudly as they exclaim for the emancipation of our negroes, which would probably tend to their destruction, are wholly silent as to the brutal and inhuman proceedings by which thousands of the same race are still daily brought into the condition of slaves; so that if it were not for the African Institution, (whose means of doing service to the cause are but limited,) we shouid not hear one syllable about all this disgraceful and detestable traffic, except through the channel of parliamentary papers, annually presented by Mr. Canning—to whom the poor African is more indebted for his persevering efforts to shame the remaining traffickers in human beings out of their pursuit, than to all those pretenders to humanity,
whose indiscreet interference is calculated scarcely less surely to aggravate his sufferings than to injure our colonists, our commerce, and our empire.
England has done much towards effecting the total abolition of the slave-trade; but she must yet do more. The
government has honestly and zealously performed its part, and the persevering and indefatigable exertions of the officers of our cruizers, and their humane endeavours to alleviate the sufferings of the unhappy beings which fall into their hands, are above all praise. At the risk of life and fortune they shrink not from the grateful task of giving liberty to the slaves; but the traffickers are frequently too cunning for them; and the law, as it now stands, affords—to the French in particular--a loop-hole for escape from their own cruizers, and a prohibition against capture on the part of ours. The slave-ships of Portugal, Spain, and the Netherlands, are the only ones subject to capture; but the slavers of France are not even contented with being permitted to carry on their trade with impunity; they have sometimes the audacity to treat our officers with a degree of insolence and defiance which nothing but the strictness of their orders, as the Frenchmen know full well, would prevent them from chastising on the spot.
* This,' says Commodore Bullen, ‘points out, under what painful circumstances a British officer can attempt to perform his duty to his country, when he is liable to the grossest insults from a set of wretches
, engaged in this most inhuman and infamous traffic, who know and feel they are protected and encouraged by their government.'