JB/047/211/001

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25 Oct. 1805
Evidence

Whenever on that occasion any thing observation is made that presents any the smallest
claim to be considered in the light character of a reason, it is always to referable to this
effect: that for want of the conformity of the evidence to the terms of the instrument
of allegation (whether on the Plff's part the declaration or replication
&c, or on the defendant's part, the plea &c) the adverse party
had not that due notice which was requisite to enable him to
come prepared with the requisite counter evidence capable of destroying taking off the effect
of the first evidence.

By The reason such as it is two facts matters of fact are supposed
and assumed: the first of facts which are some are is always false, the others other if true, true
only by accident.

Assumption 1. That the terms of the declaration are in general of a nature
sufficiently indicative of the particular fact by which the plaintiff's
title to the service demanded is established, and which the plff is about to prove.

Assumption 2. That the defendant, had he been apprized
of the nature of the fact about to be evidenced to, would have
been provided with counter-evidence capable of destroying the
credit of the plff's evidence.

One way arrangement there is, and but one, in by which all surprizes would
be prevented: by which effectual notice would be given by each party,
and compleat opportunity of preparation to each. This is (and it
now be said?) of the parties (or at the worst their fully
instructed and empowered substitutes) in the first instance in the
presence of the Judge. Such is the arrangement that once did obtain was
pursued and in the existing system of technical procedure would have continued to be pursued
had the existing systems been any thing better than a contrivance for
pila pillaging the people in the character of suitors on pretence of
administering justice.

Identifier: | JB/047/211/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-10-25	Marginal Summary Numbering	3 continued, 4-5
Box	047	Main Headings	evidence
Folio number	211	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	15079
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