JB/106/127/001

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7 March 1807

Misdecision may be have for its subject in the matter of law, or in
the matter of fact. In judicature by in whatever final decision is pronounced
having for its subject an act already done or state want or state of things considered as already past, is pronounced, comprehends necessarily these two points the matter of fact, and
the matter of law: that an act, a want, or other state of
things alledged by the plaintiff as constituting the ground of his
demand – of his right to that service which he prays may
be rendered to him, of that act which he prays may be
done, of that decision which he prays may be pronounced
in his favour, by the Judge, had was at a particular
point of time in existence: – this is the matter of fact: –
and that such is the state of the law, the tenor of it, real or
imaginery, as to impose upon the Judge the obligation,
or at the least confer on him invest him with the right, to render to the
plaintiff the service so demanded.

In a corresponding matter like manner what is here
said applies with equal propriety to any allegation made and counter-allegation
on the defendants side.

In the case where the ground of the plaintiff's demand
is on the part of the defendant some injury, whereby by the infliction of which a transgression of the law has taken place
is some transgression – some act by which a command
positive or negative, delivered or supposed imagined to have been delivered
by the legislator – the service demanded on the part of the
Judge consists commonly in the performance of whatsoever operations are necessary
to the causing the defendant to receive punishment, or the plaintiff
to receive satisfaction (as for the injury) at his charge.
In this case every such demand two allegations are necessarily
involved: viz: that, by the defendant an act of a certain description
be had at the time in question within some determinate length of time been performed:
and that to the performance of an act of that description the law,
real or imaginary, has, or at that time had annexed an obligation
or right on the part of the Judge, to do the act which the plaintiff
prays him to do in consequence.

Identifier: | JB/106/127/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-07	Marginal Summary Numbering	13-14
Box	106	Main Headings	scotch reform
Folio number	127	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34715
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