JB/057/119/001

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6 Aug. 1805

Procedure

Procedure Removal
Ch.

§§. Evidence rehearable
(1) (1

The evidence on which the Court above is called upon to
pronounce, shall it be exactly the same as that in which the
Court below has pronounced, or shall the testimony of the witnesses of whose
testimony the personal part of the evidence is composed, be extracted
anew? As to any evidence from a fresh source, it is
altogether out of the question here: the Judge below for exhibiting
such fresh evidence, being an already for the reasons already given, ǁ ǁ Supra
that of Returning before the same Judge as the Judge below.

If In case of such re-examination all idea of a decision
respecting the propriety of the conduct of the Judge below must
at any rate be abandoned. For any incongruity on the part
of the decision of his decision given by him with reference to evidence that never
was before him, the case never in any the slightest degree
be the object of censure.

This of itself is not material. But of the ends in view
proper to be kept in view on the occasion of this arrangement
one is the prevention of indecision, by keeping before the
eyes of the Judge below the prospect probability of his seeing his conduct
become the subject of discussion, and perhaps of censure.

On the other hand, the exclusion of the process of re-examination is exposed
to this objection. The evidence on which the Court above
has to pronounce is not so good as that on which the Court below
has been pronouncing. For to the observat not merely the
discourse but the deportment of the several witnesses was open
to the observation of the Court below: [the degree of peremptoriness
or hesitation, of willingness or unwillingness, calmness or agitation,
and so on through all these varieties the various symptoms of mendacity or veracity,
partiality or indifference, which on one occasion of this sort,
deportment is capable of exhibiting. +] + See Circumstantial.

Identifier: | JB/057/119/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-06	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	119	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18449
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