JB/047/408/001

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4 Jany 1812
Evidence

In of Non-observance of formalities being thus spoken of, in
the character of a circumstance taken as evidentiary
of unfairness on the part of a contract, or spuriousness
on the part of an instrument purporting to be an continue exhibit
of the expression of a contract, the entertained
are continual error would be apt to be the result,
if, for the prevention of it, apt warning – distinct and timely warming – were not
given for the prevention of it afforded.

What is here meant is – that, where, for on the alledged
ground of non-observance of this or that formality, the
instrument has been pronounced (as the language is)
null and void, the it instrument service judicial service being refused, the rendering
of which is, on the part of the Judge, necessary to the giving
to the instrument the legal effect which it is seen to aim at,
be it the effect it is the samenames as being refused, an opinion,
after may the ascribing either unfairness to the contract, or spuriousness
to the instrument, was either the reason or the pretence; –
was either professed and entertained accordingly, or, if
not entertained actually entertained, at least, upon occasion,
professed without being to be entertained. But that, in every
instance on which such opinion and thus has been thus professed, implied,
at least professed, it was has been really entertained, is more than will be found capable of being with sincerity afforded
on this the possible is itself an opinion,
the assertion of which, if sincere, will not be found
consistent with the plainest common sense: inasmuch
as in such an opinion would in many instances be included, the belief of a
self contradictory proposition – such as that one and the same contract
were throughout fair and unfair one and the same instrument throughout genuine and spurious.(a)

Note 3(a)
(a) Example. One and
the same with
testament void as to
estate called real estate,
valid as to estate called
personal estate.

Identifier: | JB/047/408/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-04	Marginal Summary Numbering	3
Box	047	Main Headings	rationale of judicial evidence
Folio number	408	Info in main headings field	evidence
Image	001	Titles	note 3 (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d18 / f19 / f180
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15276
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