JB/052/438/001

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1825. March 28
Procedure Code

Ch. IX
(6) (1) §. Defence
Anglicé

In the English mode in the Common Law Sub of it
to wit in the case of Jury trial all the witnesses on both sides are brought together
at once brought together in the same hearing on the same
day and then the maximum of it may be alledged
is secured. But supposing this to be the case in general,
by this no advantage would be given by it over and in comparison
with the here proposed mode. Why? Because in every
instance in which the mode is really most the more conducive to justice
it may and naturally will be employed in the here proposed
mode: whereas wherever that at present established mode is
no conducive to but opposite to the ends of justice to the opposite
ever so strong, it can not but be employed: which in those
same cases, the is and by mode here proposed mode the mode most
conducive to the ends of justice may, as above, and naturally
will be employed.

In the established mode, the interval of time taken between
the commencement of the suit and the delivery of the evidence must
be that which is necessary to let in that piece of evidence the
character of which will require the highest longest portion of time
and during the whole of this largest portion all those
parties which might have been elicited in smaller
portion of time must remain unelicited. One consequence
is the greater the portion of time and the greater the number
of witnesses whose testimony is requisite, the greater is the probability
of the deformation of evidence: of a result to by which
injustice may be uncountably and irremediably substituted to
justice.

Identifier: | JB/052/438/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-28	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	438	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6 / c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17111
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