JB/051/204/003

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Tit. 1. 21. B 23

Advocate 32 4. Trouble & expence of proving points not meant to be contested saved by admissions 4. The cause is cleared instantaneously in the first instance of by
mutual admissions of all points on both sides facts on each side
which the other side does not mean to contest.
By this means it is cleared of all the witnesses
and written evidence relative to those facts, of all the expence relative to
the production & examination of such witnesses, and the drawing up of instructions
for examining them. A party though ever so much
disposed to take every ungenerous unfair advantage will make
no difficulty if admitting such facts as he is
sure it must be in the power of his adversary to
prove (a) especially if in case of ill-success the costs will are to fall upon himself.

Note

(a) Goods are taken in execution by an inferior
officer by warrant from his superior: the
right of the superior to legality of the warrant is
the real subject of dispute: the existence of the warrant is what nobody has any doubt of if the party maintaining
the legality of the warrant happens not to think of
taking care that it shall be forthcoming at the trial
the cause is lost by the English law he loses his cause. By the preliminary
explanations in question all accidents of
this sort are prevented. Two lists A list one of points mutually
admitted the other of points really contested are
to made out on both sides. And no point is admitted
upon the list in respect of which the opinion each party has not
declared upon his oath his persuasion belief of the fact maintained by him, or his disbelief or doubt of the fact maintained in the opoosite side

33 5. Prevention of pleas 5. The parties speaking upon oath and trouble like
witnesses under a the check of cross examination administered
upon the spot all such false allegations
the truth of which he who makes them has no hope
of being able to maintain are cut off at one blow. a stroke. These false

Identifier: | JB/051/204/003 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering	27-33
Box	051	Main Headings	evidence; procedure code
Folio number	204	Info in main headings field
Image	003	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f21 / f22 / f23 / f24
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	16369
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