JB/054/096/001

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1824. Feby. 6.
Constitutional Procedure Code

Ch. Evidence

1. Plff's side. 2. Defendts side.
3. Advantage to rich who employ Agents and to lawyers

Mischiefs of the Exclusionary System

Of this exclusion, purely mischievous are
all the consequences.

1. Mischief on the pursuer's side i.e. on him
who should & would have been pursuer had it
not been for the exclusionary rule.

Wheresoever his own statement he, having
a just demand, his own statement of the case
would be necessary to the giving effect to it,
denial of justice is in this case the consequence.

Not only for the reason above alleged, has
the statement of a person thus situated as good
claim to attention as that of any person not
thus situated, even supposing that of itself
it could not ever constitute a sufficient
ground for a decision in favour of his claim,
even on this supposition, the exclusion would
not be defencible. For let it be supposed
that the Defendant, if interrogated, would admitt
the justice of the claim, in which case
the justice of it may well be regarded as incontestable
still in every such case, by the
exclusion put upon the statement of the
claimant, denial of justice & thence injustice,
is manifestly done the result. For suppose no statement
admissible on the part of the claimant,
no proper ground can be made for any call
for evidence on the part of the Defendant.

Identifier: | JB/054/096/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-02-06	Marginal Summary Numbering	6-7
Box	054	Main Headings	procedure code
Folio number	096	Info in main headings field	procedure code
Image	001	Titles	mischiefs of the exclusionary system
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c! / d1 / e1
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17615
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