JB/106/100/001

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10 March 1807

When in pursuance of any judicial demand a
decision is pronounced in favour of the plaintiff, adjudging
a service to be rendered to him by at the charge of the
Defendant, a question that commonly remains to be resolved,
is – what shall be the quantity of the subject matter
of that service: as, in the case of money, by what
shall be the quantity of money paid. The separation which
thus takes place is not matter of accident or caprice, but
results naturally out of almost necessarily from the nature of the case. For it
does not follows not by any means that because that precise
quantity which the plaintiff demands is not due to
him, therefore nothing at all is due to him – and to
require that when the first demand is deemed too great,
that demand having thereupon been repelled, shall be followed
by demand upon after demand (in the manner of the Dutch substitute
for Auction) would be to delay vexation
and expence in prodigious waste.

In the nature of things whatsoever is susceptible of quantity,
and that quantity subject susceptible to variation, is thus capable
of being made the subject of liquidation: money, moveable
property such as corn, wine, and oil: and land. But
under English Jury trial in English law, the only article which ever becomes the subject
of liquidation, at least of liquidation made by the Jury, is
money. The So far as moveable property is concerned, the reason
(meaning nothing more than the cause) is altogether curious.
The Common Law Courts affording no means of recovery
for corn, wine, oil or in a word for any one thing moveable that
exists, hence the quantity of it never becomes (before the Jury at
least) the subject matter of liquidation.

Identifier: | JB/106/100/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-10	Marginal Summary Numbering	25-28
Box	106	Main Headings	scotch reform
Folio number	100	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c15 / e15
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34688
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