JB/091/134/001

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28 Decy 1806
Scotch Reform To Ld Grenville

But may it not happen too the judgement of the Court below
to be unjust, and does not the very existence of a Court
of appeal assume the a possibility of such injustice?

Undoubtedly, my Lord: neither course (where is the course that is?) is altogether
free from danger. But be pleased, it my Lord, to weigh
danger against danger.

1. Suppose that for out of every hundred judgments pronounced
by the Court below 49 are wrong, one and fifty only no more than 51 right.
Even upon this supposition (and your Lordship sees how
extravagant an one) there is a clear gain to justice by
giving the provisional possession to the plff instead of the
defendant after a judgment below in favour of the plaintiff
gives a clear gain to justice. But in among the most corrupt
and stupid Court Judges that ever sit, could the proportion
of wrong decisions have ever been anything near so large?

2. In such case, be pleased to observe, my Lord, here is
a provisional possession, which as between plaintiff and
defendant unless some third hand be found for it, must
go to the one or the other: the question is – to which?
I say to the Defendant plaintiff: and this even upon the supposition that
the as between right and wrong decision, right is not in
any degree more probable than wrong. Let the judgment discernment
and other qualifications of the Judge below be equal ti 0: or
let he decision be by cross and pile.

Identifier: | JB/091/134/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-28	Marginal Summary Numbering	17-18
Box	091	Main Headings	scotch reform
Folio number	134	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	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29130
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