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there be squabbling and bringing complaints against one
another. These complaints like others would have matters
of fact to ground themselves upon. What Those matters
of fact were to be come at some how or other. What
was to be done? They were not to be examined vivâ
voce they those domestic litigants nor their witnesses
examining them in that way would be doing business
like a Jury. Written questions were not to be
put to them: that would be still worse: that would
be doing business like a Court of Equity. There remained
yet one way which was to let them each
tell his own story upon paper. This expedient while
it relieved them the litigants from all present embarassment sharpened their
costs served to sharpen those their wits and in
those arts of evasion and chicane in which it
was their duty to instruct their customers. Those
very men are deemed officers of the Court are personally
known to the Judges who form the Court, are living in the
Court and talking every day in Court on one occasion
or other to and before the Judges. Is it to be imagined Are we to suppose
from this any more than from this that it is in the power of the
Judges to hear them see them stand up and tell by word of mouth the stories
they have to tell? – No such thing. Though a
man hears read before him a story which he
means to contradict, a story which contains some mistake
which a word would set right, he is not to get up and
speak that word, he is to go out of Court, tell a long &
formal story upon paper, and some days or some weeks
after return with it in the shape of an affidavit.
Identifier: | JB/051/392/002 "JB/" can not be assigned to a declared number type with value 51.
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051 |
evidence; procedure code |
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392 |
judicial establishment |
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002 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16557 |
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