JB/031/144/001

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47.
Interest of Judge that
evidence, shd. bear character
of truth:
1. it saved time & trouble
2. & created reputation for
discernment.

48.
Not so, with written
pleadings; here words may
be measured & fees extracted:
to this purpose
false as good as true
allegations. Hence Pretext
to be found for admitting
said falsehoods.

49
Pretext found, indistinction
between demand and
evidence.

50
Ground of demand may be
false, without blame to
plaintiff.

51.
Plaintiff shd, state his belief,
in veracity of testimony
to be produced, subject
to punishment for falsehood.

52.
In other cases, questions
as to state of man's mind
may from external circumstances,
make question of
punishment easy.

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53.
Effect of evidence allowed
to demand – useless if not
defendant required to put in
an answer – failing to do
so, demand tho' full of lies
declared by Judge to be well
grounded, in fact and law
i.e. equity.

54.
Quantity of mendacity
& correspondent fees, at
Common Law, moderate
when compared with
Equity do.

55.
No reason why in different
judicatories different modes
shd. be adopted to ascertain
justice of a demand.

56.
Per Common Law, no
plaintiff witness for himself
– Per Equity no demand
without such witness.

57.
Plaintiff not obliged to
take oath: no punishment
in case of falshood, as it
might mean fewer suits to
be instituted.

58.
All Lawyers have a
common interest.

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59
The greater the number
of failures of an instrument
to attain its end – the greater
the number of occasions
for making over again instruments
for the same purpose.

60.
Rules laid down – concerning
necessary instruments
&c. by Judges –
very few.
Ex. Trial. One word
for another – demand lost.

61.
Attachment to Common
Law and repugnance to
substitution of Statutes
– no wonder.

62.
Per O'Connell, 5555
cases to go thro'.

63.
Use of Common Law – if
Statute Law were standard
– Services Judge shd render
– & grounds for demand
of services – wd be particularized.

64.
So with defences. Judge to
refuse demand on ooint of
fact, when opposed by defence
in point of law.

65.
On making demand, plaintiff
to deny existence of any matters
constituting a defence on ground of facts.

Identifier: | JB/031/144/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering	47-65
Box	031	Main Headings	civil code
Folio number	144	Info in main headings field
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9830
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