JB/057/318/001

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1827. Novr. 11 +

Law Amendment

20 ult
Propositions
(1 Ch.IV Oaths, none
Proposed System

Oath. 1 Partys. 2. Witnesses. 3. Judges.
☞ Give a Appendix.
Swearing and forswearing.

Ch. IV Oath, none

1
Oath none in any
case — Judicial
statement, asseveration

1. Oath none in any case: criminal any more than
civil. For Statement on a judicial occasion, as for
a judicial purpose, asseveration. Asseveration in so far as
false, has for its accompaniment civil criminal consciousness, or for its cause
culpable inadvertence, or blameless error. By criminal consciousness
understand consciousness of the falsity of that which is
asseverated: the in correct customary language wilful is the name
by which the falshood is characterized.

2
Of Wrongful judicial
asseveration or say
Mendacity consequent
satisfaction or punishment
or both

Falshood on whatever occasion uttered will either
have been or not have been followed by evil consequences consequences
productive of wrong in some determinate shape expressed
by some denomination of offence. If thus productive of wrong
punishment satisfaction or punishment or both, as the case may
require, will be as for the offence consummated: if not,
as for the attempt — the offence expected in a material state. Accompanied Produced
by and virtue In case of wrong thus operated, produced
by of satisfaction for the offence having of which it has had inadvertence for its
cause satisfaction for subsequential repression, [or where there being no individual to Note (a)? as in case of a party public offence
relieve it, equivalent suffering under the name of punishment]
will for subsequential repression suffice. For false asseveration
accompanied with civil criminal consciousness, appropriate
denomination mendacious judicial asseveration, or
for shortness judicial mendacity, or in one word mendacity.

3
If Judge evidence
prove sufficiently
probativeof falsehood
punitive or satisfaction
requiring mandate
issued on the spot

Generally speaking whatsoever evidence thus will have
sufficed to produce in the mind of the Judge an adequate persuasion
that the asseveration in question was at the time of utterance
criminally or culpably false will have sufficient to
warrant his dealing with it as such in the way of satisfaction
or both punishment or both as above. If yes, let him choose
and
and order punishment
upon the spot: if, to
warrant such desire
also in evidence such
as can not be elicited
but in some ulterior
law be regarded by him as necessary, in that case and not otherwise, let him adjourn the enquiry for this purpose alone to give admission to such ulterior evidence.

Identifier: | JB/057/318/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1827-11-11	Marginal Summary Numbering	1-3
Box	057	Main Headings	law amendment
Folio number	318	Info in main headings field	law amendment
Image	001	Titles	ch. iv / oath, none
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d20 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18648
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