JB/057/324/001

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1826. March April 7

Procedure Constitutional Code

Ch. Evidence
(2 §. what sufficient

3
Contrary practice in
English system — Reason
alledged that prob evidence
sufficiently probative
of the fact wrong subject matter of
the demand must be
known to the pursuer

Of this error the cause is an assumption tha[t]
while a a more un compleatly unwarranted one
can scarcely be conceived: and to wit that is that of the demand
be just whatsoever the evidence which will be given at the hearing
in support of it will in every particular be correctly
known to the pursuer or without his default would have
been known to him antecedently to the delivery of it
and in particular antecedently to the time of the delivery
of his demand: each mans right is then rendered
dependant on the appropriate perfection of the aptitude on all points of the
witnesses such persons as either were or as he has reason
to think were with relation to the facts in question principal
witnesses. The consequence is — that if as often as on
any one of these points a failure has place, on the part of any one witness the wrong
if he is the only witness to the point remains for ever
unaddressed, the right to which he has a just title unestablished
the distinction of law instead of receiving execution and effect,
frustrated.

4
Power of oppression
given by this practice

To every man who is wicked profligate enough to avail
himself of it a power is thus given by the authors of the
law to entrap, vex and impoverish an adversary at
pleasure: extrajudicially he repairs to a party wronged
and states to him the fa delivers to him a false statement
by which if true the right of the party thus asserted
out for deception to the benefit he has in contemplation
to demand would be adequately proved: for this statement though
false, by the supposition false and mischievous not being judicially delivered he is not either punitorally
or compensatorally responsible: when the demand comes
to a hearing, in what the deceiver states there is not any thing but what
is true: for to the accomplishment of its deceptitious purpose, nothing that is not true is necessary.

Identifier: | JB/057/324/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1826-04-07	Marginal Summary Numbering	3-4
Box	057	Main Headings	procedure code
Folio number	324	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
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	18654
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