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27 April 1805
Evidence
What function end then is there that remains what function to find business
for any and what other branch of procedure. and – The end – the
function – is the collation of rights, and let the denomination of the corresponding
branch of procedure, be – the non-penal branch.
Collation of rights is a function for, the exercise of which, is we have just
been seeing, there exists a frequent demand, a demand is
frequently created in numerous instances, by delinquency: by delinquency
involving or not involving injury viz. to a determinate individual
– involving producing thence or not involving producing, a demand for satisfaction.
But, neither as we have also been seeing, are cases in whi wanting
in which without injury or delinquency in any other shape,
a demand is produced for that sort of service on the part
of the Judge, which consists in the collation of rights – in
the converting a favour and at the instance of an individual,
some inchoate right of his into a consummate right.
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