JB/031/246/001

Click Here To Edit

1828 July 21

Now as to the use of the Common Law otherwise called
unwritten law, in contradistinction and preference to the
Statute otherwise called Written Law. Were the Statute
law the standard of reference, here would be a really existing
standard of reference: and in this same standard of
reference, whatsoever were the serv effective services to which
the Judge was required to cause to be rendered, to wit by means of
the correspondent and appropriate judicial services, the several grounds in
point of law, in which each such service was so rendered
demandable, would be part might be and if it were properly drawn
up would be, particularized. So likewise the several defences,
on the ground of which supposing the correspondent
matters of fact proved by appropriate evidence, the Judge it might be
might be warranted made obligatory on the Judge to
refuse compliance with the demand, howsoever adequately
grounded in point of facts, and so in other respects, were it not
for these defences, in point of law: and in and by the text of the
law, to save, time and labor, it might be made
incumbent on the plaintiff, at the time of his averring
the instance of the matter of fact constituting the ground of
his demand in point of fact, to aver the non existence of
every one of the several matters of fact so constituting each
of them a species of defence on the ground of fact.

† Of late years a matter of which the cognizance is given to Justices
of the peace acting out of general Session, of late years, though instruments
of demand or defence have not been given, yet instruments
of the Judges definitive decree or say judgment have been are very customarily given.

Identifier: | JB/031/246/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-07-21	Marginal Summary Numbering	63-65
Box	031	Main Headings	code civil
Folio number	246	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c12 or c11 / c1 / f23
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9932
Box Contents