JB/031/244/001

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1828 July 21

☞ This not till Equity has been considered as well as Com. Law

In the giving to the expence of litis contestatio
the utmost possible magnitude men of all branches of the
men of law in a the man of law in all his their forms under all their several have one common
interest. The instrument which the Judge has to receive+ + ☞ Note here his never seeing it.
the Attorney has to draw, the Barrister if not previously
to devise and advise, at any rate to revise and approve.
The longer the each instrument the greater the remuneration
for which if the length of it presents if not a reason
a pretext more or less plausible: and the greater the
number of those instruments, the greater the number of the times
at which that remuneration is repeated.

What is more, the greater the number of the
instances, in which an instrument one side can be stated as not well adequately
adapted to its intended purpose, the greater the number of
of the instances in which by in consequence of observation made to this effect on the
the other side, may be the obligation may take place
of framing over again an instrument designed for this same
purpose, and performing over again the several operations
rendered necessary to be performed in the with reference to and
on the occasion of such fresh instrument.

By the several Judges and sets of Judges Only to a comparatively small extent have any
rules been laid down, holding up to view the discussion
of the several instruments the need of which is declared on
the several occasions. On the part of the plaintiff antecedently to the defenders having called the trial, carried on before a Jury by a Judge in conjunction with a Jury exhibition is
made of an instrument for this or that purpose of helping
contributing to form a ground for the trial: the def law assistants
of the Defendant join in bringing the suit to a trial, making
no objection to the instrument: witnesses adduced the trial performed, the expence of
it incurred then it is that by the learned assistants of the Defendant an
objection is made, that in the instrument in question there is something
wrong, that is to say against rules a word or two that should not have been there
inserted: a word or two
that should have been there
omitted: or a word or two
inserted instead of another
word or two. Somehow
wrong means something contrary
to rule. But the rule for contrarity to which a man is thus made to lose his cause, has always been in the first instance a rule which so far from having been adequately made known
had never been made had never so much as had place in the mind of any man:⊞1 ⊞1 and thus it is that men have been made
to suffer on no other account than that of having
omitted to do this or that something the doing
of which was impossible,⊞2 ⊞2 and thus it is that in so far as
they can be said to have been made
all the rules of which what is called
Common Law are composed, have, all of
them been made.

Identifier: | JB/031/244/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-07-21	Marginal Summary Numbering	58-60
Box	031	Main Headings	code civil
Folio number	244	Info in main headings field	jud.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / f21
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9930
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