JB/091/264/001

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11 Feby 1808

At the mention of a system of pleading, the conception
of th an English Lawyer naturally presents to him of course the idea
of a system of which special pleading forms a part: – a
system under which, except in so far as it is cut short
by the General Issue, the matter of the cause suit is spun out
into a system protracted train of altercation with fixt portions of delay
between the instruments days which the instruments by which it
is concerned on are exhibited.

But of a proper system of pleading – of a system
correctly moulded on a correspondent body mass of substantive law
in the statutory form, and directed to the ends of justice, no
such sy train of altercation need or ought to have place.

Under the English system of pleading, it is for the
plaintiff and him alone to produce in the trial the grounds of his demand;
it is reserved for the Defendant to produce at that same
period, if he has any distinct from a denial of the existence
of the plaintiff's alledged ground of demand, to produce the
grounds of his defence.

But under a proper system of pleading, as already
shown, no such division of parts would have place.
To the plaintiff it belongs not only to assert the existence
of some fact serving as the ground of his demand, but moreover the
non-existence of all facts capable of serving to the defendant
in the character of grounds of defence. To The plff therefore
will belong the charge task of bringing to view the grounds on both
sides: on his own side, for the purpose of asserting the existence
of some one upon the list in such maxim as to constitute his title
the service he demands at the hands of the Judge: on the defendant's side
for the purpose of denying
the existence of all the
several sorts of facts any
one of which would by
asserting to defendant,
the matter of a good defence, serve to render the title a ground of demand produced by the plaintiff, of no effect.

Identifier: | JB/091/264/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-11	Marginal Summary Numbering	1-3
Box	091	Main Headings	scotch reform
Folio number	264	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29260
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