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1825. May 12
Procedure CodeCh. Evidence
§. procurable how
§. Causes of the establishment and conservation of the exclusionary
rules
To the establishment of the exclusionary exclusionary rules
on the ground of supposed security against deception there have probably been a mixture
of intellectual and moral infirmity – of error and fraud,
and so in the conservation of them.
Of his own motion or at the instance of a party
Assured of the justice of his creditors demand
and seeing that the creditor had no witness but himself
Sir cries the dishonest debtor to the Judge – would you give me
it against doom me upon no other than this mans evidence? only he
is can be witness in his own own cause. by the
of the argument, the Judge and not
perhaps to save the the Judge has to exclude
him – his refusal to hear him.
The rate once established between the quantity of interest
that should suffice for the exclusion and that which should
not suffice it was no could be drawn anywhere.
If a thousand sufficed hadd the effect so would the thousandth part of
a : and such has accordingly been the way. Witness
the exclusion put upon a in the when the
subject matter of controversy was the payment or non-payment
of a fine of a shilling paid to which payable the aggregate
stock of the inhabitants of a , for the relief of
indigence.
This should of itself have been sufficient
to put an exclusion upon the exclusionary rule. So accordingly
in the case situation of a Legislator it might have done. But the Judge
as such can not determine predetermine anything before him, what he supposes
are, in a common law case always contrary to truth, that
the thing is already predetermined.
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