JB/047/350/001

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29 Jany 1812
Evidence

§. 3.1. Deposition in the Rome-bred mode Romano-Anglicé—its feature of inaptitude.

In comparison of the improved Jury-trial mode, especially of more particularly if, improved
by when occasion requires, by improved by minutation and recordation,
and by the faculty opportunity of amendment, the following
are may be stated as the features of inaptitude, observable
that in the Rome-bred deposition mode.

*I. Deception favoured; viz. by exclusion of portions of the testimony
extractible from one and the same witness examinee.

1. The adverse party not being apprised of the answers
that will be given by the examinee to the questions propounded put
to him by the party by whom his testimony is
called for, nor so much as what those questions themselves
will be, in corre no effectual counter-interrogation –
no cross-examination in the ordinary sense of the
word – has place: so that, unless by accident from this circumstance in which defect, were it the only one, deceptious incompleteness
and incorrectness, and consequent deception
and misdecision, may be stated as the natural and
most frequent ever probable result.

III. Deception favoured, viz. by clouds of irrelevant or
needless matter introduced.

3. In the name of open mode, viz. in the way of vivâ voce examination performed in
public, in the presence of the public on both sides
and their agents Advocates and managing Agents
on both sides, with or without that of parties, it will frequently
often happen that, by a short statement made by the
a witness first antecedently examined, ulterior evidence to an unlimited
amount that would otherwise have been adduced being plainly rendered unnecessary, is
saved. In the close mode, all such casual lights being shut out,
shut out the consequence is – that lest any possible advantage should be lost, the whole
in whatsoever evidence presents a possibility of proving
serviceable to the party, is, by each party irrevocably and irreducibly destined to be
collected. Moreover, questions and answers beingall committed to writing,
collected hence there needless delay, vexation and expence
and the string of questions
that shall be put
to the witness pre-appointed.
II. Deception

Identifier: | JB/047/350/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-29	Marginal Summary Numbering	1,3
Box	047	Main Headings	rationale of judicial evidence
Folio number	350	Info in main headings field	evidence ch. 11
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10 / e1 / f136
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15218
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