JB/054/085/001

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1823. Novr. 8
Constitutional Code Procedure CodeCh. Evidence
§. Exclusion improper causes

In no family or other private society does the
father or other master refuse to hear the testimony of a son or servant in
his own favour in support of a claim against another member
of the same family, although in that case no such afflictive
consequences attach upon mendacity or insincerity
as in the case of a judicial claim: if the domestic judicatory in that circle
interested universally received were admitted acted upon as a ground for exclusion domestic society
and the species along with it would in a very short
time be at an end.

In England in judicature the Small Debt judi Courts the testimony
of the pursuer in support of his own claim has
generally if not universally been received. Of falshood
and consequent injustice from this source no the complaint has
ever yet been heard.

In English law where exclusion of evidence in the form of interest, for fear
of deception is so abundant, the only shape in which this effect
is given to interest is the pecuniary shape. By the author
of this Code a Table of interests has been constituted, and
out of fourteen distinguishable shapes in which interest is
perpetually operating in every human breast this of pecuniary
interest is but one. In this Table, pleasure and
pains the contradiction can being styled share as being the
basis of all desires, all motives and all interests, the
several distinguishable spurs of interest are ranged under
the several distinguishable species modifications of pain and pleasure.

Contradictions more glaring can not be imagined
than those which in English have place between the cases
in which exclusion on the ground of interest exclusion is used
to take place and those in which it is not made to take place.
On the score of the question of a pecuniary interest created by the possible expectation
of a minute fraction of the quantity of the matter of wealth represented
by the smallest least valuable coin in circulation a man's testimony is excluded
in a case where by his testimony given in a certain way he saves his
life instead of losing
it as he would if he
did not give it in this
same way, and besides
saving his life obtains
a reward of £1,000 value, his testimony is not excluded: on the contrary the reward the it is for the obtaining of it that that same reward is
offered and given and offered: offered, and to use individual whose testimony in a suit in which share and thing had no where would not be admitted.

The universal law to the largest smallest mass of property in the whole country is excluded from being witness in support of his father's claim to claim
some property, if it be not in the power of that same father to prevent his succeeding to it: the universal law to the largest
is excluded, if it be in his father's power to prevent her succeeding to it.

Identifier: | JB/054/085/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1823-11-08	Marginal Summary Numbering	3-6
Box	054	Main Headings	procedure code
Folio number	085	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17604
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