JB/081/164/001

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1829 May
Petitions

+ + 47
Dispatch Court
(5) (14 §.5. Procedure

is not in existence. (a) Here then comes in the
remedy already proposed elsewhere. There being
no really existing law, let it be the task on the
plaintiff's side, to exhibit a proposed portion
of law of a general description in terminis:
tenor of it of course such, as shall include in it the individual
arrangement, which, in the individual
case in hand, would answer his purpose.

As to its not being more extensive than what is necessary for that same
purpose is necessary, that will be for the Judge's ears.

13
Defendant in reply will
propose
1 simple exclusion
2 admission with
addition or
3 substitution

To this proposition it will belong
to the Defendant's side to make answer.
Purport of this answer as applied to the proposition,
one of these other of these three: 1. Simple exclusion; 2 Admission
of it this proposition, but with the addition of another, an ulterior
clause, operating on it in the character of a
limitation, or say a condition to it: or 3. Substitution
of an entirely different one. To one or
other of these let the Judge be required to accede,
or always for special reason assign to substitute a test of his own; in every
case for special reason assigned.

14
Each party will
maintain conformity
of his proposition to
the whole body of
Equity jurisprudence

A proposition which on this
occasion can not but be if not expressly, at
any rate virtually maintained by each, is
that the portion of discourse, to which he gives
his support is, with relation to the whole body
of Equity jurisprudence taken together — more
clearly analogous, or at the least not less closely
analogous, than any other that could be substituted
to it.
Nor

Note
Note, the every written instrument of agreement or conveyance, where there
is any, constitutes if held legal, a sort of particular ordinance, as the reference pre-adopted by the Legislator:
to which an Ordinance from the legislator constitutes a
and being expressed in and by a determinate and really existing assemblage of words
possessing, in that respect, the
advantage which Statute law
possesses over the non-entity calle
a correspondent portion of the non-entity called Common Law.
general parties of general law.

Identifier: | JB/081/164/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05	Marginal Summary Numbering	13-14
Box	081	Main Headings	petition for justice
Folio number	164	Info in main headings field	petitions
Image	001	Titles	note
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / e14 / f47
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	25951
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