28 April 1808

§. 5.

I. Reasons for the Work

§.5. Demand supposes substantive law

The demandant, in and by his instrument of demand, can no otherwise shew to the satisfaction of the Judge that the service which he demands as due to him at the hands of the Judge really is due to him in virtue of the correspondent portion of substantive law than by bringing it to view, viz. either by repetition in terminis[?], or at least by description and reference.

On the conformity of the demand so made to the import of the portion of law on which the demand is grounded, depends the legality of the demand, the obligation, and even the right of the Judge to render the service so demanded at his hands. If in any material part the conformity fails, so does the right of the party to demand the service, so does the right of the Judge to render it.