JB/106/103/001

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10 March 1807

Thus much as to misdecision pro tanto in respect of quantity.

By the defective inadequate simplicity of the original scheme Common
Law being alike debarred from recognizing the possibility of
misdecision in the pro tanto in respect of conditionality, hence
whence to in any case when to bring render the decision commensurate to the ends
of justice, modification in respect of conditionality is requisite,
hence comes and one amongst so many the proper grounds for less the necessity of a recourse to the more
unshackled authority of a Court of Equity, acting proceeding on the ground
waste of Roman Law.

When by a Court of Equity a decision is pronounced
in favour of the Plaintiff, it may either accede to his demand
either purely and simply, or annex to the service rendered
to him any conditions that present themselves as suitable to
the just of the individual case.

When upon and after a definitive judgement judgement – in this case a decision – pronounced by a
Court of Equity, that which decision is in that sort of Court called a
Decree, any change is made by a superordinate Court,
but whether it be in toto or pro tanto, and if pro tanto,
whether in respect of quantity or conditionality, the instrument
whereby the correction is administered is either termed also a decree, or
else an Order: a decree, if administered by any other superordinate
Court of Equity than the House of Lords: for example if administered by the Lord High Chancellor, in correction of a
Decree of prono framed by the Master of the Rolls: an Order, if administered
by the House of Lords.

In both instances the application whereby such correctionary
Decree or Order is prayed, is termed an Appeal.

In the same case likewise stands the practice of the other
Rome-bred Courts of Rome-bred law – the Spiritual Courts, and the Admiralty Courts.

Identifier: | JB/106/103/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-10	Marginal Summary Numbering	33-37
Box	106	Main Headings	scotch reform
Folio number	103	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c18 / e18
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34691
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