JB/091/257/001

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11 Feby 1808

An application calling for the execution of an article
of law supposes by necessary implication, the existing
and to in some sort the import of such article.
So far as the rule of action is in the state of jurisprudential
law, this supposition, as already stated, is
a mere fiction: yet to a certain degree this fiction
answers the purposes of truth, and becomes a sort of
succedaneum to the truth: it half-creates the existence,
it half-fixes the import – which it feigns.

The forms of pleading belong to the system of procedure – the adjective
branch of he law: the branch article of law, of which, in the instance
of each suit the execution is called for by in and by those forms, or instruments: viz. in and by the Writ or the declaration
which are he instruments wh being that one of them which
being the first exhibited in the order of time, brings on the rest,
belongs to belongs to the substantive or main branch
of the law. The C In the instance in question
the substantive branch of the law, not being in the form
of statutory law, has no determinate set of f words belonging
to it. But so far as concerns those forms of
pleading, the adjective branch has if not a set of compleatly determinate
words, yet a set of less indeterminate words belonging
to it.

Thence it is that whatsoever approach to certainty
is contained in both branches taken together has its seat
exclusively in the adjective branch if the law rule of action.

Identifier: | JB/091/257/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-11	Marginal Summary Numbering	7-9
Box	091	Main Headings	scotch reform
Folio number	257	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29253
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