JB/091/135/001

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28 Decy 1806
Scotch Reform To Ld Grenville

Accidents apart. Setting aside those factitious chances
given to mala fide in favour of injustice on the plaintiff's side given to malâ
fide plaintiffs by the technical system, such as the chance
of delivering the (by factitious vexation and expence)or disabling him who should have been defendant
from defending himself, or by delay factitious delay
keeping the cause in pendency all his evidence is gone lies perished, a plaintiff can not have had any inducement motive
for commending the cause initiating his demand without a persuasion of its being
well founded in point of justice. But to of engage a man to resist
the demand in the character of Defendant – and resist it
to the very utmost, no such persuasion is at all necessary.
Is he already in a state of insolvency> the longer he can stave
off compliance with the demand, the longer he continues
in the enjoyment of his undue affluence to find and falter upon the money. Is he solvent? he
pockets at any rate (I mean under the advantage given
him in that respect by the technical system) he pockets at
any rate the interest of the money, and in the meantime takes
the benefit of the chapter of accidents: death of the Plff, of the Plff's
evidence, and so forth.

By the bare presumption created raised by bare possession at the time
legislators in general held themselves justified in giving the
provisional possession to him who has this plea to plead for it.
The presumption created by the decision of a competent Judge – the presumption of it
is to be no more that has been created by actual investigation
with a person in that commanding station to answer for it, is shall
it not be denied it not so much as equal to the presumption created by here
occupancy on the part of an individual – an individual taken
at large?

Before and untill decision pronounced in the Court below, the Defendant
a person taken at large – unknown to any Court – has had – and of
necessity,⊞ ⊞ (unless precautionary measures of
sufficient
be allowed to be taken in
the first instance – the
ex parte application of the Plff) all that time to do whatsoever mischief could be done by the
When, upon and after due inquiry, both parties are become known
to the competent Judge, shall it not be in the power of the Judge to determine in the hands of say which of them will the thing person may be trusted lodged with least
danger, while the fate disposal of it awaits the decision of the Court above?

Identifier: | JB/091/135/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-28	Marginal Summary Numbering	19-20
Box	091	Main Headings	scotch reform
Folio number	135	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	e7
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29131
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