JB/091/225/001

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15 Feby 1808

But these are the very circumstances by which the selection
thus made is rendered more particularly indefensible. For to
no rank a cause among in the class of Inner House causes, is to
confine the cognizance of it to one judicatory, to exclude
it thereby from the benefit of appeal from that benefit which
it would have remained in the enjoyment of, had it been
left in the class of Outer House causes.

The distinction itself is indeterminate in both its branches.

Unless so far as caused by complication – multitude
of parties for example, or witnesses or the divers family
and dispersedness of the property at stake – difficulty
is for the most part matter of mere accident – depending
not on the nature entrance genus of the cause, but on the imperfections and on extrinsic circumstances
indeterminateness of the law rule of action relative to the point in question.
Importance again, unless it be in the case
of those causes in which condition in life is at stake⊞ ⊞ (as where the question
is whether a woman
has or has not such a
man for her husband;
a child such or such
a man for his its father
or its guardian depends
not upon the nature genus of the cause, but upon the value of the subject matter in
dispute.

A question concerning Immoveable property it has been said is of more importance
than moveable: a question concerning cases about immoveable property is
therefore of more importance than a question cases about moveable
property – what can be more idle? As if it never who should say
a man were to say, a cause about gold is of more value
than a cause about lead: if a hundred pounds worth
of gold is worth more than two hundred pounds worth of lead,
yes: but not otherwise.

Identifier: | JB/091/225/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-15	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	225	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d19
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29221
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