JB/042/216/001

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1828 Sept. 16 ++ 15
Const Copd

Ch. XII. Judiciary collectively
§.2. Actors

15

On the other hand the system of Judicial Procedure
having, in every country, been the work of many
who, either at the time of workmanship, were in
the exercise of the function of professional judicial assistant, in one of its modes as above, —
or, for the whole time during which they were qualifying
themselves for the task, had been in that way been engaged; — and, in virtue of that profession their interest
being in a state of constant opposition to the interest of the
the party whose suit it parties on both sides of
the suit, and more particularly especially of those whose side
was is on each occasion the right side, — hence it is — that, in the Procedure
Code of every such country, it has been an object
of endeavour to in so far as fear of the ruling few in the subject many has admitted, — reduce to its minimum
it has been an object of uniform endeavour to reduce to its minimum
the number of the occasions, in which the parties on
both sides or on either are compelled or admitted to
be in the appear, in open Judicatory, in the presence of the Judge.

Hence it is, that, over and above in addition to the incidentally
necessary number of professional Actors in the Judicial
drama, as above, the constantly unnecessary number
has to such a degree been worked up, as above.

Only in the case where otherwise the evil is correspondent
and opposite to the collateral ends of justice
as above, would otherwise be preponderant over the evil
correspondent and opposite to the direct ends of justice, can
evidence delivered elicited in the epistolary mode be admitted to
the exclusion of evidence from the same source elicited
in the oral mode, in so far as by its his actual power
in any shape the Judge has it in any way in his power
to compel attendance at the judgment seat for the purpose elicitation of such oral evidence:
and even in this case the effect of epistolary evidence need not be
conclusive: it may be subject to the being eventually reversed or modified
by
elicitation subsequently
performed in the oral
mode. So likewise
in the case, where the
proposed Evidence holder,
being or not being
at the time to this purpose in a state
of actual subjection to
the power of the Judge, has at the time in a state of in question, has residence in a distant dependency, or in a spot, not within decision, or within the dominion of
this or that foreign state.

☞ End of §.2.

Identifier: | JB/042/216/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-09-16	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	216	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d15 / e15
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13139
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