JB/047/040/001

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7 Apr. 1803

☞ To come after Hearsay Evidence, and Conclusive do.

Ch. Of pre-exhibited evidence.

The ground cause case of exclusion which is the subject of the present Chapter
is

Another ground or cause of exclusion is deduced from the want
of opportunity on the one side to scrutinize the evidence adduced in
the other side.

The state of things in which the objection is grounded obtains in
two distinguishable cases.

1. first where Case 1. The parties to the prior cause, both strangers
i:e: non-parties.

2. Case 2. This Of the parties to In the prior cause, one of the parties
the same as in the he who in the cause in hand wishes is desirous to
produce the evidence in question; the other a stranger.

4. Case 4. The cause the same, or of a different cause,
a cause between the same parties, but the state of the the evidence produced
already produced, produced in such a stage in which the party
against whom it is now produced, had no opportunity of scrutinizing
it.

1. Cases for this evidence.
1. Prior parties both strangers
2. The adducers, a party prior
3. The opposer a prior party
4. Cause the same; stage, prior.

2. Reasons contrà
1. Evidence partial
2. – uncross, examined
3. – uncontradictable
4. Collusion facilitated.

3. Hearsay evidence the source
of illustration.

3. Pre-exhibited witness forthcoming,
nee ?
4. Admission conducive adverse to justice
oftener than conductive?
5. Conditions of admission?
6. If pre-disposed is where
the Note of the evidence might
be communicated to the adverse
party, to be exhibited
at the trial, unless he
cause, – be re-examination
but for Special cause.

7. Much will depend upon the
nature of the fact, whether, without
direct perjury it is susceptible
of contrariety of evidence.
8. Different weight for different
purposes: because a mass of
evidence has prevented to a civil
purpose it follows not that it
will to a penal.

Identifier: | JB/047/040/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04-07	Marginal Summary Numbering	1
Box	047	Main Headings	evidence
Folio number	040	Info in main headings field	evidence
Image	001	Titles	ch. of /pre-exhibited / uncross examined/ evidence
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14908
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