JB/054/084/001

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1823. Novr. 8 1825 July 3 seen
Constitutional Code or Procedure Code
Ch. Evidence
§. Exclusion improper

☞ See another edition of this Article in the Enactive part

Art. 5 On no such score on that of prevention
against deception and thence against misdecision – on no
other score than that of exclusion of preponderant evil in
the shape of delay vexation and expence, ought should is testimony
from any individual be excluded: testimony, however obtainable,
whether by reception or by extraction.

III Rationale

Art. 6 1. For the exclusion of the testimony of a party
no reason can be assigned which does not plead with greater
force for the exclusion of an extraneous witness.

1. Needfulness. Causes of that Suits of all sorts taken together, facts belonging
to the suit are more likely to have been present to the
senses of parties, than to interested than to the senses of parties
having no interest in the business.

2. Undangerousness as to deception: The interest which a party
party has in the event of a suit is conspicuous to all eyes, the be
temptation to which he is stands exposed to it in respect of falshood
is clearer to all minds. No interest can Scarce in any In no shape can
a party be upon have any interest in the event of a cause but an
extraneous witness – an individual whose testimony received or called in
by a party on one side or other of the cause may be
acted upon by an interest in that same shape, and with
equal or greater degree of strength force. Moreover where extraneous
witnesses intervene the number of them is frequently on one side or
other to an indefinite degree greater that that of the parties on
that same side. Hence while under the notice of his its
the testimony of a party is excluded he being the
only person capable of giving true testimony on that side, the
testimony of half a dozen persons on the other side each testimony of them
acted upon by a Prayer sinister interest and cause of untrustworthiness
shall be is admitted.

Identifier: | JB/054/084/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1823-11-08	Marginal Summary Numbering	1-2
Box	054	Main Headings	procedure code
Folio number	084	Info in main headings field	procedure code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17603
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