JB/054/099/001

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1824. Feby. 7.
Constitutional Procedure CodeCh. Evidence
§. Exclusions Improper Causes Mischiefs.

Remains to be mentioned evil in a shape
not quite so prominent as in the foregoing cases:
power of working injustice given to the opulent
at the expence of those whose place in the is in a
certain degree below theirs in the scale of affluence.

By a man whose place is at a certain height
in that scale, no business is done in person: none
but through the intervention of some hired and
thence proportionably dependent Agent. With this Agent
of the man of high degree, the man of low degree
has to deal in person: in behalf of his Employer,
the testimony of the Agent is admitted: & whatsoever
may be the degree of dependance, by the hired substitutes
of the man of high degree, themselves raised
to a high degree by the profits of their profession, & thence
linked to their principal by a partnership in sinister
interest, no notice is taken of the temptation
thus offered to falshood. Such being the state of the case
on that side, the testimony of the man of low degree
in his own behalf stands excluded

The man of high degree may or may not be
aware of the advantage this provided for him in
his dealings with the man of low degree. But a man
who can not fail to be aware of it, nor therefore
fail to make his profit by it, is the man of law:
the man of law in all his shapes. This benefit he
reaps in all dealings in which he himself is principal,
and of from this exclusion he reaps benefit in a less
direct and obvious way, viz. by the business thrown
into his hands by the advantage which the man of high
degree reaps from the employing him, as above.

Identifier: | JB/054/099/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-02-07	Marginal Summary Numbering	12-14
Box	054	Main Headings	procedure code
Folio number	099	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
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	17618
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