JB/058/255/001

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26 Oct 1805
Evidence

12. It is by this means and this alone that any effectual
remedy preventive security of the preventive kind, that is any effectual remedy security, against
any object whatsoever of the class of things, moveable or immoveable can
be secured to the right owner against losses wilful destruction or deterioration or
embezzlement. Conscious Brought before the Judge in the presence of the guilty into Court before he has had time
to compleat his dishonest purpose, he may be compelled to give effectual
security for the production of the object in status quo, to abide
the event of the cause.

Under In regard to things moveable English procedure affords no means whereby any such article
if under the value of £10 can be recovered by the owner on any
terms: nor, if when though above that value, but by a mode of procedure which
affords ample time to the wrongdoer usurer to dispose of the thing as he pleases according to his pleasure.
In regard to immoveables, land can not be annihilated: but if the it be any satisfaction to a wrongdoer
to pull down a house, or destroy the beauty of a residence by cutting
down trees, it is his own fault he has nothing but his own negligence if he does not compleat the mischief
before what is called Equity has time to stop him. The almost All that Common
Law does for the party injured is to give him money under the name
of damages; and it then rests with the wrongdoer to secure the article to himself
the price thus set upon it. Without The price is commonly what is regarded as the
general marketable value without regard to value of affection or other relative
value: so that if the article be worth more to the wrongdoer than
the price current to the wrongdoer himself, the difference is so much clear
gain to his concupiscible appetite: if it be worth more to his
adversary the party injured, the difference in favour of the wrongdoer is so much clear gain to
his irascible appetite.

According to Blackstone under the law of England, there not
as one right that has not a its remedy: he would have been nearer the truth had
he said no one that has its remedy. A point in which the law of
England is probably more different than that of any other nation is mentioned
by him as among the chief of of its peculiar excellence.

Identifier: | JB/058/255/001"JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-10-26	Marginal Summary Numbering	12, 12a
Box	058	Main Headings	evidence
Folio number	255	Info in main headings field	evidence
Image	001	Titles	note
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d19 / e5
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18924
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