9 May 1808

I. Reasons

Ch.II. Law & Pleadings simul facile

§.1. Simul facile erunt sub lege

1. Instrument of demand must be adapted to subst. law.

2. Substant. law must be adapted to instrument of demand.

3. Titles and countertitles must be provided in Code with short names, by which they may be designated in the Formulary.

4. To encrease the conformity, legislator ought to draw up the instruments.

Ch.II. Substantive Law and Instruments of Pleading ought to be worked up together.

§.1. Correspondency of which they are susceptible to be given to them under Statutory law.

1. Suppose, in any part of the field of law, a portion of substantive law already created, a portion of law conferring on persons of such or such a description a certain mass of rights, in the event of their having to produce in their favour a sufficient title to those {rights, the effect of such positive title not being destroyed by any negative one}, an instrument of demand, will, if it be adapted to its purposes as above delineated + should, it is evident, be made exactly comparable to the correspondent portion of substantive law. On this, as on all other occasions this title he makes must include a positive part and a negative part: in making out the positive part he must assert the existence in his favour of some one at least in the list of causes creative of title established in that character in the corresponding part of the Code: to assist the negative part he must deny the existence of every article on the list of causes destructive of title established in the Code in that character.

2. This rule is of course pursued in a certain degree, though in a manner far from being the most commodious, in English practice. Where an Action is grounded on a particular Statute, in the instrument of demand, called here the declaration, reference is made to the statute: where an Indictment is grounded on a Statute, as the instrument of demand called here the Indictment, reference is also made to the Statute: and in both cases not only a designation is given of the corresponding portion of substantive law in which the demand thus grounds itself is required to be given and given accordingly, but between the wording of the text of the law and the wording of the instrument of demand a certain mode and degree of conformity is exacted[?], a negation being put upon the demand, put by the Judge, in case of failure.

+ Ch.I. §.2.