JB/035/256/001

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4 June 1808

§. 2. Additional defects.

Such are the wants which Blackstone has brought to
view by Blackstone under the head of "principal defects".

But another defect, and not less clearly entitled
to the appellation of "principal" than any of them – and
this too a want – is the want of all common mans
compulsive power for the discovery and investigation of evidence.

Of this want an indication, and it is hoped, a sufficiently ample one a pretty ample indication has been
given in another place.† † Scotch Ref. Lett.

Crowded as the system is with defects of all both kinds
there are few, if any of them, in which a remedy might
not be found in some part or other of the system
itself: so that were the for the preservation of these care taken to preserve these for the preservation of
defects in full vigour defects not so much as the plea of the danger of innovation
can be pleaded in excuse.

On the occasion of his list of wants Blackstone
shows all along how they these defects of Common
Law might be supplied from Equity: if for example
in the Court of Exchequer in that Court four seated Court, in which the conscience of
each Judge has two sides, the Common law side and
the Equity side, one of those sides could prevail upon
itself to receive instruction and assistance from the other.

On the occasion of each of the four wants thus standing upon
his list to the indication of each want, he subjoins an
indication of the source from which by so easy a transition
as that of one side of a narrow passage to the other – or the
still easier transition from one fibre of the same brain thinking substance pineal gland
to another, the defect might be supplied. With
equal facility might the same like indication be extended to this fifth supplemental
want.

Identifier: | JB/035/256/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-04	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	256	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10849
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