JB/091/274/001

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25 Jany 1808

Dear Titius find himself against Titius being by the
commencement of this my action put into the condition of
defendant with relation to it – does he do anything
in that character towards his defence? he either denies the existence of my
alledged collative event, or alledges in interdiction to
any express or implied denial, the existence of some
one or more of the number of those ablative events.

Thus it is that to the some article or articles of
substantive law the system of pleading bears a necessary and
constant reference: it is only through by means of
the article of substantive law that the instrument of demand is the instrument
of defence – the declaration in the plea, can
have any meaning.

In Under the technical system, the English modification
of it for example, this is not less true necessary than under the natural.
But under the Anglo technical system for the most part,
the article of substantive law is in the shape of jurisprudential
law: that is it has no real existence; but,
for the purpose of supporting the demand, an article of substantive
law to the purport and effect in question is
spoken of as having, is feigned to have, existence.

That The sort of thing which really has existence is the sort instrument
in and by which in a sort of case including that in question
plaintiffs are in use to convey express their demands, and upon the
receipt of which if supported by evidence regarded as sufficient,
Judges are in use to give effect to such demands.

Identifier: | JB/091/274/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-25	Marginal Summary Numbering	15-17
Box	091	Main Headings	scotch reform
Folio number	274	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29270
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