JB/078/193/001

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1826. Novr 30.
Review of
J. B. v. Sugden.
8

Again. Suppose now, and again for the
purpose of the argument contrary to all truth,
that a certain proposition, framed by a Judge,
and assented to by the requisite number of others,
were really part and parcel of the matter of law.
Would it be any thing the worse, and if so what and how
the worse, if it were taken up by the Legislature,
and by that authority converted into a correspondent
portion of Statute Law? And suppose this
done by every alledged proposition of alledged
common law that could be found, from
excellent, would it be converted into bad? by
the mere fact of its having been adopted and
made law, by the only authority universally acknowledged
to be competent to make law?
Now this with such all-compr further enactments adopted or substituted enactments as a simultaneous and all-comprehensive survey of the field may have suggested, is what Mr Humphreys proposes, and
Mr Sugden can not endure to hear of.

To certainty indispensably
necessary, add definitions:
no definition does
Judge-made Law ever
give, none can it ever
give; none has it any
authority to give. In
English practice, none
it is true has Statute
Law ever given. But
an all-comprehensive
set it is capable if giving
and will give, shd
competent hands be ever,
by competent authority,
on competent principles,
be applied to the work.
In this way, Mr Humphreys
has done something,
and that something
not inconsiderable. But

But to complete the operation much more, it is
true, remains to be done. But it will be all done
if those on whom it depends choose to have it done.
Note the manner in which Judge-made law is made
to wit not be Judges, but by Reporters & Book-makers —
Defy Mr Sugden to produce any of these rules which
he so lauds —

Identifier: | JB/078/193/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-30	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	193	Info in main headings field	Review of JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C8
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25284
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