JB/057/220/001

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1825. March 20
Procedure Code

16
Ch. IX
16 §. Testimony how procurable
14. Compulsion not remuneration
Exception

Indemnity can not but in many cases
be given. Care should thus be taken that
it operates . It is pro
whichever side the evidence favours

Art. Of the cases in which the employment
of remunerative means for the production of testimony is most
apt to be needful, examples are the following

13
No action producible
without impelling motives
counterballancing restraining
motives

Art. No action without a motive or mass of motives adequate
to the production of it now having place the consequence is —
that unless not only the force of all restraining motives
is counterbalanced, but impelling adequate motives be supersedded,
no motive to the effect in question can have taken place

14
Cases where need of
such motives

Art. Of the cases in which such need of countervailing
[and counterbalances] and impelling motives is most
apt to have place examples are as follows

1 Suit simply requisitive

1. Case I Suit simply requisitive and not inculpative.

This is the case in which such need is least apt to
have place. But even here, the delivery of testimony can
not be [performed without vexation and expense or the
of expense to an amount more or less considerable:
and to the delivery of it vexation and expense on the part
of the pr pursuant and proposed witness may to an indefinite
amount may, in some cases, be necessary.

15
Though eviden compulsion
employable yet the
evidence may not be
elicitable without
remuneration

Now that also it is known sufficiently apparent that in virtue of
the perception raised by him, the individual in question has it in
his power to deliver evidence, cr means of the compulsory
kind will in general be adequate to the procurement of it.

But such means may be possessed by individuals in any
number without them being known or suspected to possess it:
and so far as this is the case, unless where love of justice an adequate amount
or sympathy for the indidu individual , no means of
the remuneratory kind for the production of the disclosure will be indefensable

Identifier: | JB/057/220/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-03-20	Marginal Summary Numbering	13-15
Box	057	Main Headings	procedure code
Folio number	220	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d16 / e16
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18550
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