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Decr 1806
Evidence
3. Exception the 3d. Testimony collected in the epistolary
mode; collected in the case of the defendant when, in under
English Equity.
This practice had a right to claimed a place on the list
of exceptions, by more titles than one.
1. In this way, existence was given to causes, which
in the Common Law mode could not have received existence.
See For particulars, see the Chapter on the Mendacity-licence.
2. In this shape, each cause produced more business,
abundantly more, than the same cause would have produced
had the evidence been put delivered in the affidavit shape. The
contents of an Answer are a mass of evidence. To
this mass Equity adds a preceding mass – the Bill
composed of the questions by which that evidence is to
be extracted, besides a story which must be positive, but
need not have a word of truth in it, and is not evidence.
Add to this addition, which is indispensable in all cases,
Amendments upon amendments, in the Bill, additions upon
additions to the answer – Exceptions upon exceptions to
the Answer with its additions; arguments upon arguments on
the exceptions.
Other Another exception example or two wearing the appearance of exceptions, may be seen in the Note
to the first section. But in these instances, the offi functionary
by whom the evidence is collected in a shape different from
that of affidavit evidence, is not a superior Judge, with recognized under the title of Judge, but a subordinate, who does by whom
the business, though in truth of a judicial nature is done in a
closet, under the controul of his superior, the Judge who to the function, adds the name of a Judge.
Identifier: | JB/047/076/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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bernardino rivadavia |
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