JB/091/295/001

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24 Jany 1808

Where the So far the point on which the question arises is a
point of real law, the question of law is plain and
distinct, and the form of pleading adapted to the case is
equally so. The gr assemblage of words in question being
a determinate, the question of law is what is the import proper
to be given to those words: the question of fact is whether
on the question the act matter of fact event expressed by the words
employed in the evidence, be an event a fact that comes under
the description given by those words.

The question that came in t'other day on the
Statute commonly called Lord Ellenborough's Act, may
in respect of its simplicity, though the case be a covenant
can serve on this occasion for an example. By the
Act it is made capital for one man in pursuit of certain
therein declared to cut another. With an instrument
not designed to cut formed for the purpose of cutting the defendant in person had cut
the persons the produced on the body of the prosecutor
an effect of that sort which is appli produced by applying
some instrument formed for the purpose of cutting to
that its destined use. This question was Turning upon
certain words, forming part of a law, a determinate and
really existing portion of the true matter of law this question
was out of dispute a question of law, and this suit
it was referred to the 12 Judges. But for any such reference
whether there could be any use or reason, is another question
and a very different one – whether there could be any use or
reason for sending it out of the hands of a Jury, is another question
and a very different one.

The act done by
the defendant was it
or was it not an
act of cutting of the
number of those acts
which ought to be
considered as designated
by the word cutting
by the verb to cut?

Identifier: | JB/091/295/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-24	Marginal Summary Numbering	11-13
Box	091	Main Headings	scotch reform
Folio number	295	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d29 / e6
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29291
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