JB/052/405/001

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1825. Jany 27
Procedure Code

+ 5 Notes
Ch. VIII Suit
(5 § 3 Pursuer's Demand

Notes to Demand Paper A B. continued

6
Counterevidence if
known to Pursuer
must be mentioned

( ) [VII Counterevidence. if any] The Pursuer — does he The applicant knows he of any
which of can he think of any evidence the tendency of which may be which in his own opinion, or as he believes is
that of the a Defendant the tendency will be to weaken the
opinion supported by the first proposed adduced abovementioned by the applicant evidence
adduced by himself as abovementioned. If any such evidence counterevidence exists, the sooner earlier
the mention of it is exacted, the better. By the requisition
made of it, the necessity will be imposed on the Defendant applicant
thus made of it, in the eyes of the Pursuer are those of
will find himself under the necessity of looking at the
to the state of the case as it must have presented itself to the
other side: and by the comprehensive view thus taken, vexation of the
the ulterior vexation and expence of it such may be saved to himself as well as the whole if it to the Defendant.
If after being thus interrogated knowing of any such evidence he omitts in being thus interrogated when thus
put to him to afford give furnish indication of it the omission will
be circumstancial evidence of evil consciousness; and,
may so be punished in the character of a substantive in addition to other evidence of act of itself constitute sufficient ground
for a design dismissal of his demand: and it may moreover be
punishable in that character of a separate and substantive offence to wit
offence — falshood — mendacious or timorous, as the case
may be.

For counterevidence apply, of course the same distinctions of course as those which as
above for evidence in the case of have place in the case of evidence.

The counterevidence may apply as well to ablative The fact to which the counterevidence applies may
as well be those which with relation to the Pursuers title bear the relation
of ablative facts, as those which bear to it, the relation of collative facts. If
facts collative facts. If collative facts
they case are where the facts it applies to are collative facts, the tendency of it will
be their tending either to disprove in a direct way the existence of, or the legitimacy them if
the alledged collative facts, or the to cause to be adduced in proof regarded as reasonable
The inference drawn from the evidence is different if the
the inference deduced in affirmance of it from the evidence on that side:
those same collative facts: if the ablative facts, it will be
evidence tending if the facts are ablative facts, the tendency of it will be to prove the existence of those same abl
ablative facts.

Identifier: | JB/052/405/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-01-27	Marginal Summary Numbering	6
Box	052	Main Headings	procedure code
Folio number	405	Info in main headings field	procedure code
Image	001	Titles	notes to demand paper b continued
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17078
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