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30 Decr 1806
Scotch Reform To Ld Grenville
As to form, there are some demands that do admitt of form,
others that do not: susceptibility of form depends upon simplicity:
when the story becomes to a degree and in certain respects and
to a certain degree complicated and diversified, no forms can be can be found
that will hold it.
Happily the cases most susceptible of forms, were beyond comparison the cases of most frequent occurrence: as for example
the most common modifications of debt (taking the word in the popular
sense) the modifications expressed by the 7 or 8 Courts usually put
into the English action "Anglice-jargonesé" Indebitatus assumpsit:
The cases which rendered by complication by thier complication incoercible by The cases that seem incoercible to bid disdain to forms are in
comparison of the others cases of rare occurrence: as take for example, the
the Scotch action or petition of ranking and sale: where a debtor living or lately deceased, having
become fallen temporarily or definitively insolvent or for the time into a state of insolvency,
the aggregate mass of his property, and in particular the produce
of the immoveable part when sold, comes to be is claimed or
liable in a way to the claimed, by creditors applying in concert or
coming in separately for that purpose.
In cases of Bankruptcy, that is of insolvency on the part
of a trader so declared, this action has its equivalent in
the proceedings under the Commission: in a case of an insolvency
on the part of a non-trader who has property an interest
in immoveables in the shape of the sort of property called
Anglice-jargonesé personal real property, the business of payment
is left to the operation of two maxims in pays vulga dict'
Catch as Catch cases, and the Devil take the hindmost: the
property being in some cases not allowed to be caught at all,
in others only by .
Identifier: | JB/091/180/001 "JB/" can not be assigned to a declared number type with value 91.
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scotch reform |
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scotch reform to ld grenville |
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jeremy bentham |
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