JB/056/067/001

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1825. Feby. 7
Procedure Code Formularies ?

Ch. XX Intermediate proceedings
§. Witness's Attendance
requiring Mandate
Anglicé

3
Many times
no provision
for party made
to suffer

Meantime the party who for want of the service
may with flagrant injustice have been made to suffer
to any amount, the for amends to him what provision is made?
Not any. No custom does it have for injury in this shape?
If it does security in any instance could it be made availing.
To render it so a necessary thing to be proved would
be the effect of the testimony had it been delivered — to prove
in a word what a man who in fact has said nothing,
would in a certain case have said. Thus is How impossible
any such proof would be in most not to say in
all cases in the English forms of proceeding is sufficiently
manifest: for in an action against any such proposed
witness not a question to him as to what he
would have said could be put.

4
No allowance for
accidents Judge & Co
rather tend to promote
than prevent them

No allowance being made for accidents, who
shall tell or so much as conjecture the proportionable method
of D suits in which wrongs under a such plan of rights
for the operation of these cases? In the sort of case called a civil
case this is impossible. So far from preventing such accidents
and for that purpose to make them known the interest and thence the endeavour of the Judge and Co is
rather to prevent them: for though the loss to the right side
of the question is sometimes final, the party not wanting
pursuer is to take another discourse, yet some times
it is not will not be so, the party a new , in which he
either succeeds or again fails.

5
Effect in penal and
especially in highly
penal cases

But in penal cases especially those of the most
highly penal classes, the effects of these unbending rules
not so compleatly buried in dustiness: they are those
laid upon to conjecture, at any rate, by the difference
between the number of commencements and that of trials. There
comes in the measure of blood and humanity a man is not to
be put him a second time in jeopardy of his life in whatever else it is that
the provision puts in jeopardy. Why not a second time if justice
requires it. From that in this case to repeat not a circumstance you pre
prove that with a good
reason he ought not a
first time. But this
is but one out of so many
measures of the the Borough-manager principle. Judges, and Lawyers, however, criminals and supposed extremely low and

[+] Thus to make up for the
and imposed upon so many
a certain number of criminals are to be let loose
upon, security in respect their crimes.

[+] Every such consent ought
to have a fair chance for his
life. [+]

Identifier: | JB/056/067/001 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-02-07	Marginal Summary Numbering	3-5
Box	056	Main Headings	Procedure Code
Folio number	067	Info in main headings field	Procedure Code Formularies?
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18123
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