JB/091/121/001

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26 Decr 1806
Scotch Reform To Ld Grenville

Translated out of jargon into plain English, the distinction
of English law between right possession and right of possession, between
right of possession and right of property, is neither more nor less but no other than the distinction
between a provisional right set of rights and a definitive right – between
a defensible and indefensible one. With the help of
jargon, so successful have English lawyers been in the
organization of their chaos system of confusion and pillage, that where real property is
in question, a judgment really final in effect is almost without
example: Judgment in Ejectment is but provisional interlocutory: the
final judgement on a Writ of Right, or decree on a Bill for granting possession is the final judgement
that corresponds to it.

If in any case, without danger of exposure to punishment, or
even to disrepute, it be in the power of the Court below, to
frame a decision which shall being by an interlocutory
judgement, or a series chain of interlocutory judgements, to produce
the effect of a final one, the jurisdiction of the Court above,
the House of Lords, is by the prohibition law in question proposed
laid at the mercy feet of the Court below: and if my view the view here given of the
matter be correct, the cases will in comparison be few and
narrow, in which this virtual indirect ouster would experience any
difficulty.

For producing usurpations of this sort – usurpations
encreasing in a series without limit to which there is no certain limit, how much less astution
and boldness would be necessary to Scotch Judges than what
has so often been exemplified by English ones!

Identifier: | JB/091/121/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-26	Marginal Summary Numbering	8-10
Box	091	Main Headings	scotch reform
Folio number	121	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e4
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29117
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