JB/035/245/001

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2 June 1808

2. Another is - to fix the smallest number as the
ordinary number, with liberty to on either side to
apply for a greater, make <add>demand special application</add>, as in England, for Judges Juries of
higher rank in the case of Special Juries.

3. The third is - to allow no greater than the least
number in the first instance; but with liberty to apply
for a greater, in the case of application for a new trial.

Of these three expedients modes the first is in
its principle familiar: in Scotch or with as
in English application has been made of it in a
variety of instances.

An objection to it is - that all causes are not pecuniary.
An answer is, that when a cause is not itself in respect
of the treaties if the service demanded at the hand of the Judge
pecuniary it depends on the plaintiff to make it so viz.
by fixing a sum, in the payment of which it shall be
in the former of the defendant to release himself from the demand.

But that exped those are various cases, and these of
imminant prime importanceon which no such value can be put:
for example those respecting with a domestic condition in life. A
man can not neither be compelled nor admitted to say - give me so much money, and I
will give up my claim to such a woman in the character
of my wife: a woman give me so much money and
I will admit myself to be the concubine of such a man not his wife: and
so in the case of fraternity, guardianship and the like.

Identifier: | JB/035/245/001"JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-02	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	245	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10838
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