26 Oct 1805

Evidence

Securities

Ch. Procedure Natural

''. Beneficial Consequences

12. It is by this means and this alone that any one object whatsoever of the class of things, moveable or immovable can be secured to the right owner against wilful destruction or deterioration or embezzlement. Brought into Court /before the Judge in the presence of the guilty/ 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 statu quo, to abide the work of the cause.

Note

(a) Under English procedure /In regard to things moveable/ affords no means whereby any cash article of under the value of ,10 can be removed by the owner on any terms: nor, if /though/ /when/ 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 immovables, [...?] [...?] not be assimilated: but if it be any satisfaction to a /the/ 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 [...?]/ if he does not compleat the mischief before what is called Equity has time to stop him. All that /For almost/ 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 turn[?] the article to himself the price thus set upon it. The price is commonly /what is regarded at /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 [...?] appetite: if it be worth more to his adversary the party injured, the difference is in favour of the wrongdoer so much clear gain to his irascible appetite.

According to Blackstone under the law of England, as one right there fore not a remedy: he would have been nearer the truth had he said no one right think has its remedy. A point on which the law of England is probably more definite than that of any other nation is mentioned by law as among the chief of such of its peculiar excellence. The most efficient of all existing /established/ systems for the benefit of those by whom and for whose use it has really been made, it is of all systems the [...?] and most helpless for the benefit /[...?]/ of those for whose use it has been pretended to be made.