JB/091/133/001

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26 Decy 1806
Scotch Reform To Ld Grenville

What then is to be done? The true, the effectual efficient, and only
effectual efficient remedy, is altogether simple. Take away the cause
the effect follows it. Take away the profit from groundless mala fide
Appeal, its profit malâ fide Appeal vanishes. Take it away – but
in each case you must take it away compleatly, or in that case you
do nothing, and the abuse continues triumphs operates and succeeds, is riveted except
riveting the abuse.

The remedy will take a different aspect, according as
it is against delay on the principle of commercial calculation,
or delay in contemplation or insolvency that it
is designed to operate.

Delay in contemplation of insolvency is the capital mark
for the remedy to aim at to take the principal aim, because the mischief
goes to embraces threatens the whole. I
mean the whole of the property value
in dispute
mark to aim at, because that goes to the dissipation of
the whole, the whole of the subject matter in dispute is
put in jeopardy or sunk by it.

A man defendant who has nothing no property in hand but the subject
matter in dispute, nor perhaps the whole of that, being burthened
with debt to the whole or any part of the amount
a man at Defendant against whom judgment is given
in those circumstances judgment is pronounced, brings appeals
of course removes the cause of course into another court, if any other
be found to receive it – buys so much delay of course:
so much delay as the Court above has to sell, so much time
for the Defendant to live at free quarter upon the Plaintiff.
What then is to be done? Let possession, follow intention
though but provisionally upon the judgment of the Court below, the profit of malâ
fide appeal, and consequently the inducement is at an end.
No appeal In that case without unless upon a prospect of ultimate success
appeal give is not in mans nature no appeal can take place: which is as much as to
say, unless it be under the expectation of misdecision on the part of the Court above, malâ fide
appeal or removal is impossible.

Identifier: | JB/091/133/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-26	Marginal Summary Numbering	13-16
Box	091	Main Headings	scotch reform
Folio number	133	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	e5
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29129
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