JB/028/120/002

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10)

Common Law

tormented with these [detestable] engines of chicane.

3. As to whom By the solemnities and obligation of contracts, I
know not very well understand not properly what it is he means. If by Contracts
he means the four species of personal Contracts as he
reckons them (Analys. B.II. ch.21) 1st Sale, or Exchange.
2d. Bailment. 3d Hiring or borrowing. 4. (engagements concerning moveables) Debt. To these
contracts no solemnities are required; nor is any written instrument by way of memorial of them usually employ'd and as to their having
"obligation", if they had it among our Saxon Ancestors; is
is no more than they have always had all the world over
wherever there has been such a thing as Law. If by the Contracts he
means Deeds, or instruments serving in written words to
express the substance of the a contract as well concerning personal
as real, as well concerning are things immoveable, and
services, as things moveable, and afford to stand as evidence
of its having been enter'd to, the solemnities of attending
the execution of such written contracts are mentioned by him
in under another article. I mean where he gives it as a
premise regulation of Common Law that a Deed is of no
validity unless sealed and delivered. As to the obligation
of such Contracts that will depend upon the different
matter they may be disposed composed of⊞ ⊞ upon the different sorts of acts that may be stipulated for: But that the same Contracts
that would be valid now were all valid at the time of the
Saxons, or that all that are were valid then would be valid
now, would be rather difficult to shew. The contrary I take it would
be much more easy.

Identifier: | JB/028/120/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	120	Info in main headings field	common law
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9385
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