JB/047/143/001

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16 June 1805
Evidence

2. Motions not of course.

That, for the most part if not in every instance in most if not all instances can not
be made without affidavits to give being accompanied and grounded supported
each by an affidavit or set of affidavits.

By these affidavits supposed matters of fact are exhibited in what
is universally recognized to be comparatively at least a bad mode
statements exhibited in writing after having been concerted at leisure between
the Atty and his Client or Witness, and then drawn up by the
Attorney in his own language, the most favourable to the purpose of
any such he can find and venture to exhibit think it safe to hazard: and this without
the check of viva voce examination on the other side.

In the Summary Procedure, a great probably the greater part
of these applications, being grounded on the useless business manufactured in the offices, would not be made at all.

In such of them as would be made, whatever facts, additional
incidental and additional facts, were exhibited would in Summary
Procedure be, in a word in summary procedure actually are,
exhibited in what is universally recognized as being the best mode:
vivâ voce examination on the one side, checked, by vivâ voce cross examination on the
other. Whatever is done by them is badly done, being done upon
bad evidence.

Motions not of course, by which is introduced the introductory operation in by far the greater
part of the business of the great Courts may therefore be distinguished
into two classes groupes: the Applications that never ought to be made at
all, and applications that ought not to be made in that manner
and applications that ought not to be done made at all.

With a few exceptions the whole of the business that is done
in Westminster Hall in the Common Line Courts in term time
may be set down as so much useless business, made business,
and the existence of it a most enormous grievance.

Identifier: | JB/047/143/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-06-16	Marginal Summary Numbering	7, 10, 8-9
Box	047	Main Headings	evidence
Folio number	143	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15011
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