JB/047/234/001

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24 Decr 1811
Evidence

(b) [New right] Where, upon the sale of a mass of property,
to a share in which he is entitled, by will for example,
or as a creditor to a person insolvent, a man person
receives, or by in virtue of the decision of a Judge, the
sum of money representation of the neat amount of that share, the rights included
in the property of the money constitute a mass of new rights conferred upon
him by the Judge. Before Till the liquidation was performed
decision of the Judge pronouncing it which is thus made there is sign made
, wrong has been committed and the money
knowing and, the time allotted for payment being elapsed, the money
has remained unpaid, there is no wrong there by anybody,
no right restated: the right which the party
in question had till then, was not a an already-formed right to any
specific sum of money, but a right to such sum as
on the ground in question, should come to be adjudicated by the Judge; and including
an antecedent right to the service correspondent service at the hands
of the Judge, viz. the service consisting in rendered by the collation
of the mass of rights, included, as above in the right of recovering
the money so adjudged to be due as above.

(c) [generally by collation of right] [Judicial service at large] Cases however are not
altogether wanting, in which, without otherwise than by collation of any new right,
service is rendered by the decision and consequent order of a Judge. fro
Examples – 1. Removal of a mere physical impediment to the enjoyment
of say his a man's personal liberty or any part of his
personal property; – a gate a wrong-placed gate –
a nuisance manufactory &c – any thing causing under
the denomination of a nuisance. 2. In Satisfaction⊞ ⊞ In every case in which satisfaction is administered in so far as it is of the vindictive
kind, it is applied by the simple application of the punishment matter of punishment,
and the denomination of its having cause without the creation of any new right.

So multifarious, so ill defined,so fugitive, so intertwined one
with another, and as yet so imperfectly distinguished and
are the factitious entities called rights, that are
such a subject, in
such a place as the
present, to afford
such a subject, to afford
any thing like compleat
satisfaction or such a
place in the present is plainly impossible.
is a task altogether
hopeless.
The anatomy of rights has never yet found a professor to explain it.

Identifier: | JB/047/234/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-24	Marginal Summary Numbering	2b, 2c
Box	047	Main Headings	rationale of judicial evidence
Folio number	234	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3 / f20
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15102
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