JB/047/230/001

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7 Jany 1811
Evidence

The defendant prevent the setting up a
that this is another part purpose of the of that to be in question.

Meantime, for constituting to constitute a foundation for this
right, so far as depends upon the matter of fact,
the sole dependence there can be nothing but the evidence:
– for the reception of which, for to the purpose
of doing justice rendering according to the will of in conformity to the will declared, as above, by the
legislator, either the positive service prayed to on the
plaintiffs side, or the opposite and negative service
prayed on the defendants side, according as the plaintiff is or is not in the situation in which he says he is the judicatory can
not but be open equally open on both sides.

In this state of things, if on the ground of matter
of fact it happens to the plaintiff to fail – to fail
of shewing making out his right to the service prayed for, he at the same time having that right – it
may be in one or other of these ways, and it can
not be in any other ulterior way: to evidence necessary and sufficient to the
formation of the ground in question is not forthcoming:

2. forthcoming, and standing alone, i.e. without counter evidence on the defendant's side, it fails of obtaining the necessary credence:

3. on the defendant's side, counter evidence, – evidence
the belief of which is incompatible with the belief
of that evidence which is adduced on the plaintiff's side, obtains
preferable stronger credence. But, by the supposition, the plaintiff
has a really right to the service from which he demands: this
being the case, it what follows by the same supposition, is
that, in the defendan evidence adduced on the part
of the defendant, there is something of incorrectness
or if partially operating incompleatness – something, at
any rate, which thereby has produced a deceptitious effect on
the judgment of the Judge.

Identifier: | JB/047/230/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-07	Marginal Summary Numbering	6-7
Box	047	Main Headings	rationale of judicial evidence
Folio number	230	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e3 / f16
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15098
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