JB/047/212/001

Click Here To Edit

25 Oct. 1805
Evidence

As to the instruments of allegation there is one character quality may be predicated
of them all without exception in common, and it is perhaps the only one –
they are not of a nature to give any adequate notice of the
evidence by which the allegation is about to be supported.

To produce this effect and the other effects that ought to be produced
by it, there are several things which an instrument of allegation ought
to do: and the by the current instruments of allegation not scarce one
of all those things are is ever done.

That what ought to be done throughout the whole field of law
for this purpose ever should be done in any literally rational and
compleat measure in the way jurisprudential law is absolutely
impossible. It requires statute law f For this as well as
all other purposes statute law is altogether indispensably requisite.

To constitute a foundation the necessary matter for an instrument of allegation demand
for the sort of instrument which ought every where to be provided
by the tenor of the adjective branch of the law, it requires that the
foundation ground should have been laid in the tenor of the substantive
branch of the law. By this or that article of the substantive law a right is given
to a certain service to be rendered by the Judge with relation to a particular subject matter to whosoever finds
himself in the situation which constitutes in his favour a title
to that right. Does Titius exhibit produce against Sempronius a demand of any such right?
To the article of substantive law it belongs to him to make reference, for
that purpose. He shews what his demand is: i.e. what the service
which he requires to be rendered him by the Judge – what the
matter of fact is on which he relies for the proof of his right to
receive that service, and the fact so indicated by him is of the sort the number of
of facts to which the tenor of the substantive law has, in favour
of an individual circumstanced as he is, meant to give that
effect.

Identifier: | JB/047/212/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-10-25	Marginal Summary Numbering	6-8
Box	047	Main Headings	evidence
Folio number	212	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15080
Box Contents