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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

Box Contents

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