JB/081/119/001

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1829 April 30
Petitions

13
Suits in pendency
(4 §. Benefits

10
As to obligatory deeds instruments
whether deeds or wills
together with deobligatory
& modificative
instruments
they are either
1 obligatory promises or
2 effective conveyances

Thus merit belongs to all obligatory instruments, call
them call deeds and call them deeds call them wills — in common
to all originally obligatory instruments adding or including
such as are simply instruments deobligatory and such as are modificative,
with relation reference had to those same obligatory ones adding
moreover alledged agreements alledged to have received the expression
from discourse delivered by word of mouth only alone
without writing or by deportment without either

On this occasion, obligatory dealing being the incorrect dividend the first division to be made is that
into and between and into an obligatory agreement promise, and an obligatory or say effective conveyance.

11
Obligatory promises will
be subject matter of dispute
or not if yes will be
a question no extraneous
evidence resorted to it
will be a mere question
of law

Now In the case of a deed or will obligatory promise either the
import of it will be a subject matter of dispatch or it will
not. If yes either then for the expression of it extraneous evidence will be resorted
to, or will not: if not, then will the question be as simple
as it can be wished to be it will be a question merely of
law unencumbered with every question of fact. yes of law: for
to whose would form a correct conception of every any species of obligatory dealing we
must regard it as constituting part and parcel of an
all comprehensive precept of the all comprehensive cost, by
which, as it was by a preestablished harmony (to use
a quandam philosophical phrase) adoption is given to all
the said correspondent understood subject matter respectively belonging
to the several species of obligatory dealings promises as shall have been
destined to come into existence at any future point of time.

12
If extraneous evidence
necessary it will also be
a question of fact

Extraneous evidence is it on either side resorted to? then
to the question of law comes to be added the question of fact: and in this case comes on the
concept the inquiry
as to the matter of fact,
an enquiry in one or
other of the minds which
in the prayer part of
the petition for justice
are brought to view.

13
Import supposed out
of doubt service to
be rendered by the
Commission Judge — the
enforcement of the
promise

Be the species what it may import being
supposed one of doubt then may come to be rendered th in
declared by withholden and refused by the Commission Judge, the Service consisting in the enforcement
of the promise: in other words in causing the promiser
to do or forbear to do the individual act or the sort
of act constitutive of the subject matter of it, then
in this case will come upon the need of distinguishing from each
other the several sorts of contracts, which for carrying on the business of life and the pursuit
of life of happiness it may happen to have in being to have need to enter into

☞ Omitt not to apply the analysis to conveyances including deeds
and wills

Identifier: | JB/081/119/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-04-30	Marginal Summary Numbering	10-13
Box	081	Main Headings	petition for justice
Folio number	119	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4 / f13
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	25906
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