JB/054/087/001

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1825. Jany. 22
Procedure CodeCh. Evidence
§. effects of Elicitation for Sinister instruction obviated.

§. Sinister instruction to examine how obviated

Case 1. This case may be apt to appear in case of equal
simplicity with that in which there are is but two one individuals
to hire on the person's side: to wit the pursuer himself. But
though it the next to the maximum of simplicity is not exactly
at that same point. For here, in the first instance
comes the demand for separation. The pursuer can not be
separated from himself: but the pursuer's witness can be separated
from the pursuer and so he should be. There being still
no more than one wit testifier, there can be no sinister instruction.
But though there can be no sinister instruction, there
may be, and so any degree of potency sinister influence. In the
hearing and under the eye of the pursuer, the extraneous witness
may give an account to any degree more favorable to him
than if the out of the reach of his the at the moment of utterance at least
the source of the testimony were unknown to him. Hence the rule.

Rule 1. In the first instance, let one extraneous witness
the party pursuer should be out of sight and hearing of an
extraneous witness adduced by him.

Case 2. Witness Pursuer and Witness both as per Pursuer
present in relation to the collative fact. Here separation-demanding to the reason
liberation exclusion from sinister influence is added another, exclusion
from sinister instruction.

Note that in this case the testifier first examined
should be the pursuer: because his first appearance in the chamber
of pursuers coming of course, and being by supposition concerned
of the fact, to prevent his adding his statement of the ground
of his demand to the demand itself would be under scoreable
to truth nor without great difficulty, and discussion practicable.

Identifier: | JB/054/087/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1825-01-22	Marginal Summary Numbering	[[marginal_summary_numbering::[1], 2-4]]
Box	054	Main Headings	procedure code
Folio number	087	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	[[page_numbering::[...?]]]
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17606
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