JB/031/247/001

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1828 July 21

Here then a fixt determined standard to
make reference to there is in some cases, and in all
cases might be. Bu On the other hand under Common
Law it being from the throughout a fiction there never not any such standard
have been in existence, or by possibility ever can be: for
suppose any such determination standard in existence,
then is it not no longer Common law but Statute law. Now
then of this imaginary standard behold the case on the
occasion of written pleadings, coupled with the mandatory
licence as above, applied to the matters of fact. The
plaintiff on his side, finding no really existing standard
to make reference to and ground his demand upon, finds
himself under the necessity of imagining and giving expression
to a feigned one such as if real he hopes would
be found to answer his purpose. that Had there been a
real one drawn up in ordinary language in a manner intended to be easily
and clearly understood, the plaintiff himself if a man of ordinary
education, or having for his assistant a man of ordinary
education would have been able to frame his instrument of
demand accordingly. But there being no ground of demand
in point of law other than an imaginary one, he finds
it matter of impossibility for him to frame any such imaginary
ground of demand as will afford a probability of meeting
the expectation of the Judge. He thus finds himself under
the necessity of betaking himself for the requisite assistance to a
set of men who by he expre observation and habit are
more or less in a way to guess what such of an words inserted into the instrument
will as the of demand will present the most promising prospect probable chance
of meeting the expectation of the Judge.

Identifier: | JB/031/247/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-07-21	Marginal Summary Numbering	66-67
Box	031	Main Headings	code civil
Folio number	247	Info in main headings field	jud.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c13 or c12 / c2 / f24
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9933
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