JB/057/120/001

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7 Aug. 1805

Procedure

Procedure Removal
Ch.

§§. Evidence rehearable
(2) (2

On this as on so many other occasions the proper course
to take will depend on the ratio between of the of injustice
and to : of the quantity of the certain incidental injustice,
in the degree of expense, vexation and delay, to the chance or danger
of ultimate injustice, by misdecision, whether to the prejudice of
the plaintiff or to that of the defendant's side.

At any rate let the evidence must go to the Judge above in paper
in the first instance. When in that shape it has passed
under his review, it will then rest with him to determine, whether
the case be such, as that the difference between the paper
statement of the evidence on paper in the first edition and the re-exhibition
of it by a second edition in the viva voce promises to be
material enough to pay on point of importance for the additional
light that may be in the latter case expected to be thrown upon the cause.

It is easy to see how much in this case must depend on
local distance: distance between the judgment below which is
all along supposed to be within less than a days journey of the abode
of the most distant witnesses between this paper part and the distance seat of the Court
above. Suppose the distance that between the metropolis of
France, England, Spain or Portugal, and any spot within the
Americas, Asiatic or African Colonies of the respective emperors.
betw or without any sea to cross, suppose it the distance between Petersburgh
or Moscow and Toblisk or Kamschatka: or any of
those cases instances it is difficult to concur are cases the importance
of which shall, for the mere difference in point of misness
between minutes of viva voce evidence and viva voce evidence
itself, warrant the expense, vexation and delay attached
to the conveyance of the parties through there were no more than two
if capable of deposing in the character of witnesses together with one, two
or any greater number of extraneous witnesses.

Identifier: | JB/057/120/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-07	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	120	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18450
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