JB/056/166/001

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1827. Octr. 17 +
Law Amendments

2o
Propositions

§.5 Procedure
or Codification Remedies,
Redress by restitution

<note>Advantages of Redress
by restitution over the
common law practice
of giving damages in
lieu.

1

Compare now the extent of the redress capable of
being given for wrong to property by the existing plan system to the extent
of the redress which would be given of course under by the proposed
plan system Under By the present system for no one the possessor/add> thing moveable thing
whatsoever has the lawful possessor any security when deprived
of it otherwise than by an act which is dealt with as a crime.

In equity practice restitution
nominally given
but at an expence so
enormous that scarce
an instance of application
can be proved

None by the <add>great Common Law Courts: by at the hands of the wrongful occupant of
a thing which the law authorises the lawful owner of it to demand
it — not the thing itself but a sum of money to be afforded determined by a
Jury in the of it: after the law has done its the option of it the thing is thus left
to the wrongdoer: if he had rather keep the thing than pay the price
so set upon it, he keeps it accordingly. Price as high as £4,000
have been given for a picture. If by any means a son who
has no right to it how contrived to get not his possession a picture
which he could sell for £4,000, a Jury might think the value<lb?>alone a liberal one, if the damages found were £400: net profit to
the wrongdoer, £3,600.

3

Thus is evident the
scantiness & impotence
of the existing system
with the consequent
dilatoriness vexatiousness
& expensiveness

Thus of the existing system the scantiness and to all good purposes impotence
is not more less unquestionable than its immensity
and unwieldiness, with the consequent delatoriness, vexationment and
expensiveness, and to that injustice what is opposite
to substantial justice

2

Turn now to the Equity Court. By their restitution
is professed to be given for a thing moveable delivered
as well as for a thing immoveable: that is to say provided always<lb?>that the value of the thing is not so small, that reparation the affording redress for the
wrong done by the unjust possession of the thing is beneath the "dignity"
of a Court calling itself a Court of Equity: professed to be given — but
at what expence? at an expence so enormous that except with the exception of the case
which gives occasion for this of the sense attached by this by the
Court to the word dignity Court of what constitutes its dignity, scarce an instance of application made
to it for redress in this shape is to be found.

Identifier: | JB/056/166/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	166	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18222
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