JB/047/362/001

Click Here To Edit

29 Jany 1812
Evidence Introd.

8. Under the Same Rome-bred in the case, the In the deposition made, (understand all along under
English Rome-bred procedure in he case where the
individual, in whom the operation of collecting his testimony is proposed to be performed, is a
party, and that a party defendant not where he is a party plaintiff, for
in that case affords pretence and occasion is made
for a an additional suit) – a party defendant, and not an
extraneous witness, – his submission to the operation is,
with perfect propriety made, matter as it could not but be made, matter
of obligation: and the coercive arm of the law is employed to
give effect to it.

In the affidavit made, neither is the individual
on whose part from whom testimony in this shape is derived, compelled
to answer questions (if he were, his testimony, it
will be sure, would not be delivered in the shape in which
by the supposition, it is here delivered) nor is any
individual, either in the character of a party, or in the character of
an extraneous witness, compellable, in any case to deliver any
testimony in this shape.

In this stock of things, the a party who thinks fit to act in the character of plaintiff it is evident
finds for the taking upon himself this burthen an adequate
motive by the necessity of his doing so its being necessary for him so to do, to the in order
to g the giving himself a chance for the obtaining at
the hands of the Judge the service for which he applies,
the defendant in like manner on his part, viz. under
the practice which admitts of his defending himself in
this manner but in no other, in the necessity he finds
himself under of giving this shape to his defence.

The consequence is that while by the interest he has in the
cause, a party is stands on either side engaged to deliver his testimony
in so far as admission acts be given to it, a witness
who is not a party stands in this respect altogether free.

Identifier: | JB/047/362/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-29	Marginal Summary Numbering	8
Box	047	Main Headings	rationale of judicial evidence
Folio number	362	Info in main headings field	evidence introd ch. 11
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d22 / e7 / f148
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15230
Box Contents