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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

Box Contents

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