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1830 Augt. 1
Review.
Mode of proof as
to Law and fact, but
For establishing
demander, right to
the judicial service
demanded, probenda,
1. Matter of law
2. Matter of fact.
On the occasion of each individual suit or demand made
upon the Judge for his appropriate service: form a ground for
such demand, and an authority for his rendering those same
services, proof is necessary to new mode of the retention the existence two sorts of matters:
matter of law, and matter of fact. Matter of law
to a certain effect: matter of fact the existence of a fact or set
of facts, coming under the genus or species of facts the
existence of which is in the case in question or in the tenor of the law supposed and
taken for the subject matter of its enactment
1. Matter of law
1. As to the matter of law. Under Statute law, nothing
can be more easy nothing more uniform than this proof,
nothing more uniform than the mode of making it. In the
law of any country other than England In England, there is the
year, there is the Statute under the Chapter: this for time past has
the division of that Chapter, namely the Section. But in this
case the proof would be too easy, the ground for l
not sufficiently fertile. Accordingly through the greatest part of the
field of law, it has been the care of all pr lawyers and their
accomplices to heap substituted to all every such portion of really
existing law a mere fiction an imaginary portion of law called
a rule of Common Law. To The portion of Statute law expression
is in every instance given by a determinate assemblage of minds which
always in the same state are at all times to be present in any one of the same tenor
of a multitude of places in a word of copies of in selection of letter press.
When the standard necessary to be appended to is a mere
fiction a portion of the fictitious law called Common Law, in which
even no rule of law is in existence: this is the rule says a
lawyer in the plaintiffs suit, whereupon every case immediately a
portion parcel of words such as present themselves as suiting his
purpose. Nay: not that, but this says a lawyer in the other defendants suit
coming
coming out with a different
set of words, such as present
themselves to him as suiting
his purposes. Lastly comes
the Judge delivering as his
either the first set of words
or the second set of words
or a third set of words: this last out of his own head: they being such as to his purpose present themselves as most suitable.
Identifier: | JB/004/128/001 "JB/" can not be assigned to a declared number type with value 4.
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jeremy bentham |
j whatman turkey mill 1829 |
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jonathan blenman |
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