JB/106/102/001

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10 March 1807

There remains then as the most natural, and under
English Jury trial the only subject for liquidation, viz: money.

And here then accordingly comes in the room for misdecision pro tanto,
viz: in respect of quantity, as well as pro toto.
Accordingly a verdict pronounced by a Jury is susceptible liable
of to be set aside, as well either for being for the Plaintiff
when it should have been for the Defendant, or vice versâ,
or being for the De Plaintiff, as well for deficiency
as for excess of damages. On the ground of deficiency
very rarely indeed does it happen to any such correction to be
take place be administered: but as to the why or wherefore it belongs not to
this place.

On the question of law, the possibility of misdecision pro
tanto and that is not pro toto has not been recognized by
English Jurisprudence.

So long as this part of the business is committed to left to be performed by the
Jury, the deficiency is not attended with any inconvenience.
So far as quantity is concerned the inquiry is with peculiar propriety committed to
these Judges of fact and not of law. For the quantity due depending commonly upon
circumstances peculiar to the individual case, can seldom
find its liquidation in receive an exact liquidation from the bearer of the law. It is stands therefore in
this material respect characteristic point of view in the same case with the question of
fact: and with equal propriety may receive its decision from
the same species of judicature.

Identifier: | JB/106/102/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-10	Marginal Summary Numbering	30-32
Box	106	Main Headings	scotch reform
Folio number	102	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c17 / e17
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34690
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