Procedure and Evidence

5 July 1804

Ch. non-homologation

''.2.1. Words indeterminable

English law /government/ in respect of certain classes of causes - the causes cognizable /triat is/ in certain particular Courts, admits /allows/ under /through/ a variety of restrictions that reference should be made to the text of this natural and foreign and antient body of law, and that decision should professedly be grounded on it. If in any of those Courts, a passage of any treatise written by any man of law, not a native of England nor writing in England nor writing particularly for the guidance of English Courts, is permitted to be asked in any English Court and to form the basis or any part of the basis of any decision pronounced in any such English Court, then may the passage in question be considered as a portion of engrafted foreign jurisprudential law, of foreign growth engrafted upon the foreign statutory law above mentioned, and imported along with it.

If in any of the same Courts the account given of any decision given in any foreign Court be allowed to be quoted and to form the basis or any part of the basis of the decision pronounced by the English Court in question, whether the decision so given in such foreign Courts have been grounded or not on any part of the text the antient and foreign mass of statutory law so mentioned to have been imported into England above, then and in such case may the account given of such decision be considered as forming /constituting/ another portion of jurisprudential law of foreign growth, imported and [...?] into England /English law/ and adopted by English jurisprudential law, after having been in its nature country[?] engrafted or not engrafted upon the antient and foreign mass of statutory law so often mentioned.