JB/011/317/001

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1828. May 12. † Copied & Copy corrected.

Mr Bentham insists upon it that call the
suit by what name you will, call the Judicatory that
takes cognizance of it by what name you will, for
coming at the true state of the facts belonging to
the case, there is one course to take which is the best,
and but one: and that assuredly that in which a the
course of proceeding by written pleadings alone has
place, is not that one. So simple is this description
of this best course, he takes, that a very few pages would
suffice for giving expression to it conveying some idea of it, were this the
proper place, which it is not. Ere long, I may perhaps
be able to present you with a conception of it.

As to the mode of statement respecting
facts between parties a party and a witness no distinction.
First operations. Per General Rule, it is in person proposed Plaintiff, according
to the general rule, makes a statement in that a proposed Plaintiff, makes his statement: on which occasion
he makes his appearance before the Judge. Cases in which commencement can be given to a suit without such appearance, cases of exception grounded in special reason. person: cases in which this has not place, cases
of necessity and exception.

2. Made of eliciting statements,
according to the Per General rule, the Oral as
in Jury Trial. Cases, in which it is elicited in
the Epistolary made as the Defendants are by
the Bill in Equity Procedure, cases of exception.
Of these cases, two classes: one composed of Class 1. those
in which the person from whom the statement
is desired to be obtained is not capable of being
brought into the presence of the Judge; the other, where Class the 2d. those in which the fact or chain of facts to be ascertained
is so simple that for the elicitation
of it, no such process as that of cross examination
can be needful. No such epistolary
examination to be absolutely conclusive, the
individual examined in that mode being upon
sufficient occasion thence liable when upon his coming within reach of a Judge to be examined
again in the oral mode.

Identifier: | JB/011/317/001 "JB/" can not be assigned to a declared number type with value 11.
Date_1	1828-05-12	Marginal Summary Numbering
Box	011	Main Headings	law amendment
Folio number	317	Info in main headings field	learned humbug written pleadings
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	john flowerdew colls	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	4014
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