JB/058/123/001

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24 April 1805
Evidence

On the occasion subject of this double conflict, the following differences
present a claim to notice may be remarked.

In regard to the conflict between the collateral end (and
the which is always of a negative cast complexion) and the direct positive end as often as it
really takes place, the opposition opposite two pursuits will be irreconcilable; of
one or other object a sacrifice must be made. Without the
production of some degree of delay, vexation and expence the
main object, as already observed – the fulfilment of the article
of substantive law in question whatever it, whether by infliction of
punishment, administering of satisfaction or collation of rights, can
never be accomplished or so much as aimed at: on the other
hand, without the in some instances so it will be, that
without the entire relinquishment sacrifice of that main object, the collateral
object, where it happens to be the preferable one – the
avoiding to produce a preponderant the necessary mass of delay vexation and expence
can not be where it happens to be preponderant can
not be obtained, without the total sacrifice of unless in
the instance in question, the main object be utterly abandoned compleatly given up.
The object in demand article demanded is if the value of a days labour, the testimony
of Martyr is necessary to prove the plaintiffs title to it.
If the abode of martyr be but a minute or two of a degree the
vexation and expence produced by his attendance in the character of a witness
may not be preponderant, and so far the two conflicting ends of judicature
the direct and the collateral, may in a certain degree be reconciled. But Place Martyr
at the antipodes, the all reconciliation – all compromise – is
impossible. Either the claimant must lose his right altogether,
or the witness must be loaded with such a mass of vexation and expence,
in comparison of it the burthen imposed upon the plaintiff by the loss of his right,
is but as a father to a milstone.

Identifier: | JB/058/123/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-24	Marginal Summary Numbering	7-8
Box	058	Main Headings	evidence
Folio number	123	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e4
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18792
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