JB/042/211/001

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For examples of this set, turn now to English practice.
I. Evidence Elicitator. Bisubspecies of this subspecies of professional
substitute judiciary assistant, these,

1. In the judicatories stiled Common Law Courts, 1. Special
Pleader at the Bar — 2. Special Pleader under the Bar.

To the functions of both these private functionaries exercise
is given by giving utterance to masses of discourse supposed to
emanate from a party, although unless by accident, in fact
never can or heard by him: — utterance, that is to say, in
writing, and not otherwise. Evidence is the appellation here
given to this species of discourse: because, though to some
purposes the effect of evidence — that is to say, a constitution or
ground for judicial decision is given to it, though to other
purposes, not. By the Judge the elicitation of this
species of matter is expected, on pain of loss of suit at
the charge of him who omits to cause it to be elicited:
exacted — though when elicited, it is acknowledged as
having no claim to credence, and spoken of as if not
designed for any other purpose than that of serving as
an object of reference to other matter to which the effect of
evidence, as above, is avowedly given. In every instance,
inaptitude of it it teems with falsehood. But by the Judge,
impunity is given to all this falsehood; because he and the partnership
of which he is the at the head, are suffered to exact, in the name of fees,
money in proportion to the quantity of it: and by any bar opposed to
falsehood, a check would be applied to the quantity of the whole. To let in this
species of profit-yielding matter, the parties are inexorably excluded from the
presence of the judge: and a suit which if he wd hear the parties might
without expence be according to justice terminated in a few minutes, is
thus spun out for the space of as many years, with an expence of
more than as many hundred pounds. The way in which the commission
to give utterance existence and utterance to this man of mendacious
surplusage reaches the special pleader is this. The party tells &c from preceding page
which of course is the giving to the suit whatever degree of laythings & expensiveness can be
given to it without too great an expence in the article of reputation.

Identifier: | JB/042/211/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1		Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	211	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11b
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13134
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