JB/035/286/001

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8 June 1808

What on this occasion he means to insinuate, is
– that if instead of allowing the extraction of the
and testimony of the parties on one side of the cause
only as in Equity procedure, and that in the by means
of epistolary examination only in the epistolary mode, and with the immense
and delay attached to that mode of procedure
both parties the parties on both sides were examinable in behalf of by each other
at the time in the oral made only, and at
the time of the trial that is at the end of the suit
or thereabouts, perfection would so far be attained, and a every
or thing would be as it should be

But in the Courts a Court of Conscience:
this and much more is done at the very beginning of the
suit whence it happens that in that Court theatre of unsophisticated justice between the beginning
and end of a suit there is commonly an interval of
no more then a few minutes , while in the to set a
suit for the self same individual cause, if carried on in a
Common Law Court the interest would be six,
twelve or eighteen months , and in an Equity Court
one, two or three years.

In By the actual practice of a Court of Equity, two suits being yielding twice as productive <add>much as one</add> only one of two adverse
parties is allowed in one and the sum suit to extract testimony evidence
from the other; in his supposed perfected practice of
a Jury-trial Court , only one half of each party,
evidence would come out , viz. that was disadvantageous
to himself. But, in pain of being to a certainty
fallacious, every man's testimony must as to all material
points but not only correct and but compleat. This
in the only sort of Court it suits him to speak well
of, and upon his own plan of improved practice it could not be: this, in every Court of Conscience
it is of course, and in every instance, so far at least
as depend it is in the power of a good system of procedure to cause it to be

Identifier: | JB/035/286/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-08	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	286	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10879
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