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9 April 1805
Evidence
The minuter and fainter of the system will be
brought to view as we advance. At present let us make out take a
simultaneous glance last view of the strong and discriminating features upon
which the difference between the one natural system, and the
innumerable ones that are not natural principally turns.
1. At the very outset first and second step the plaintiff in the presence of the Judge
2. – Stating, under the sanction of an oath, or rather at any
rate under the same penalty in case of mendacity, as
in the case of an extraneous witness, what the facts are on which
he grounds his claim, and what reasons he has for locking upon
them in time.
3. The plaintiff consequently in course liable on these occasions, to
hear questions put to him by the Judge, tending to sift into
the truth of the persuasion expressed by him in relation to those facts,
and bound to make answer to all such questions, on pain of seeing
his claim disallowed, in case of silence.
4. If, at this first stage, the defendant happens likewise to be present,
same exposure obligation on the part of the Plff to answer any
such proper questions as may be put to him by the Defendant,
in the same view.
The consequence is – that, on the part of the Plff, the Defendant in a case where the claim is altogether palpably
destitute of foundation, it is in vain in some circumstances it would be in the vain for the a Plaintiff
unless prepared to encounter the danger of punishment for perjury
to the such to compel the defendant to undergo the
expence or vexation of any further enquiry; unless whereas
to under the technical system, a man who neither has any foundation for
his claim no so much as conceives himself to have any, has it
as fully in his power to cause the suit to go on and run out
its utmost length, as if his claim were ever so notoriously just
and undeniable. By this means In this state of things all malâ fide suits, that are
such on the part of the plaintiff, are nipped in the bud before they have run any such length
as to have produced expence or vexation to the defendant, unless where for the chance of being able to
draw the suit out into further length the Plff is rash enough to encounter certain guilt, together with the part of punishment
as for perjury.
Identifier: | JB/058/246/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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