JB/091/256/001

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11 Feby 1808

In every instance the action what is done by
bringing an action is the claiming the execution of a some
certain portion or article of law belonging to established or supposed to be established by in and by the main body or branch
of the law. If the as to the so far as regards the article in question the rule of
action is in the state of statutory law, in this case the
supposition is true: if in the state of jurisprudential law,
it is a fiction.

In courts, so far as concerns private rights and wrongs of
a private nature, in England as well as in Scotland the rule of action is remains still
in the fictitious and barbarous state of jurisprudential
law: law made by Judges, viz. on occasions of such
causes individual cases as come before them for decision: made by Judges
or rather by Reporters and Institutionalists without authority,
and consequently without any determinate words by which
as in statute law the import of it can be fixt.

But though the main or substantive branch of the law has not
in any direct way received a determinate existence
and fixation as above, by any determinate and authoritative
as sets of words belonging to itself, yet in a sort of
indirect way it has received, a sort of imperfect succedaneum
to such authoritative text: viz. in and by means
of such forms of pleading as being settled by long and continued constant
usage under the authority of the Judges have thereby acquired to this purpose in a
certain degree the form and effect of law.

Identifier: | JB/091/256/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-11	Marginal Summary Numbering	4-6
Box	091	Main Headings	scotch reform
Folio number	256	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29252
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