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5 July 1805
Evidence
Take for example two of the most common sorts of actions
species of demand.
1. Action Demand called Action of Ejectment: or simply more commonly in one word an Ejectment:
1. Action whereby the possession⊞ ⊞ of an article of immoveable property proprietary subject subject matter of property, say of suppose a piece of ground is demanded:
demand of the sort of service which the defendant would or in his
default the defendant Judge would render to the plaintiff by
investing him with the mass of rights implied included in the case of
his being said to have possession of the ground.
In an action of this sort, what says the instrument the declaration
of demand? Instead of stating upon what title the plaintiff
grounds his claim: what event has taken place having
in his favour the effect of an investiture event so as to confer for the purpose
of conferring on him the right to that service, a silly story
is told made up of a parcel of lies falshoods and forgeries – a story
which instead of stating the particular title on which the plff
grounds his claim, contains the same assemblage of lies and forgeries,
all of them foreign to the purpose, whatever be the title:
a fictitious person is spoken of as being the plaintiff: to this
fictitious person the real plaintiff is represented as having granted
a lease: that person has taken possession accordingly, the defendant
or some other person, real or fictitious, has turned ,
and so forth. The form may be seen in the one of the Appendixes
to Blackstone's Commentaries.
Were your Attorney to refuse (a case almost too ridiculous
for supposition) were he to refuse to exhibit in your
name this mass of lies (for as to doing justice in any other
condition than that of employing an Attorney together with a tribe
of other lawyers, it is what the law of England does not so much as profess,) should any such ridiculous refusal be made, so sure would
the Judges refuse to do you justice.⊞
⊞ Observe however that
of the story contained in
the demand, the propriety
here in question is –
not the mendacity but the
irrelevance of it.
Identifier: | JB/047/201/001 "JB/" can not be assigned to a declared number type with value 47.
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