JB/047/411/001

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3 Aug. 1812
Evidence Introd.

By to part might be : but as to all the
it is a first principle not to hear evidence: till quantity
of has been the evidence by which
it might have been prevented and if ever a person
person as by a
of of law, what of the purse
against English Judges

§. 10. VII. In litigation, Principal fact, in litigation, want of merits: probative
fact, discontinuance.

To In every ordinary ordinarily and compleatly constituted and
furnished judicatory(a) (a) of clause 2. Auditors of Accounts every suit or cause has at least
two sides, viz. the plaintiffs and the defendants: and, if
so it be that the number of sides in it is more greater than
two, it is a the cause, being in this case a complex one, is capable
of being resolved into a determinate number of simple causes each having its two sides, and no more.

On In the language of natural procedure, on the plaintiffs side discontinuance is non- non-suit;
in practice non-prosecution; on the defendants, non-defining:
in the language of English technical procedure, the place of this
these terms is filled by a multifarious vocabulary not wholly different, for
which whoever has patience enough may see the Books.

Under the technical system, discont be the side
what it may, discontinuance on that side is regarded or
professed to be regarded as proof, and that conclusive of
want of merits: that is, as here as before, that course
is taken, which, to render it reconcilable, if reconcilable
it with justice with common honesty and common
sense would to that effect

require a conclusion to have been formed.

(a) Exceptions – 1. Court of Claims: a judicatory established having
cognizance of claims made by individuals in the public. for instance Example:
for claims of made by the American Loyalists on the score of their losses by the
war which ended in the independence of the United States. The Suit here
is unilateral: sole party the claimant, i.e. the plaintiff: the
function of the defendant being placed in the same hands as
that of Judge – consolidated with that of Judge.

2. Court of of Public Accounts against 2. Audit Courts: judicatories established for exacting repayment or proof of
discharge from receivers of public money. – Suit, against here again, unilateral:
function of the plaintiff in the same hands with that of Judge:
as under the system of procedure stiled inquisitorial pursued frequently in penal causes in
many of the German judicatories.⊞ ⊞ In both instances, for the
purpose of responsibility,
might it not be an improvement,
if some one
Judge Official person were
to be charged with the functions
of the suitor, on the side on which the station of the suitor is vacant?

Identifier: | JB/047/411/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-08-03	Marginal Summary Numbering	1-3, 1a
Box	047	Main Headings	rationale of judicial evidence
Folio number	411	Info in main headings field	evidence introd
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1 / f22 / f183
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15279
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