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26 Oct 1805
Evidence
4. The mode of correspondence between the parties and the Court
for the purpose of the cause suit thr throughout the whole of its continuance so long as it lasts may be
settled at once in the first instance, without any of those evasions of notice
on the one side or surprizes on the other, or expensive and yet
inadequate securities against both, which under the existing systems
are such pregnant sources of expence and vexation to the parties
of injustice through misdecision to him who is in the right, and
of business and profit to lawyers of all classes.
5. All the points in a cause will be brought forward at once for admission,
or contestation, proof and decision at once, without
being kept back to come out as at present to be brought to view one after another in so many
separate instruments of allegation for the benefit of the men of
law if who are employed in a variety of ways in the penning,
receipt, registration, examination, opposition or defence of them or in pronouncing
judgment in the opposition and defence them when thus opposed and defended.
6. Almost All causes the commencement or terminati continuance of
which is produced by mala fides on either side would disappear
out of the list: the security of each i.e. his opinion of the
justness of his cause, including the truth of the matters of fact on
which he rests his claim counterclaim or defence, being established
not by gratuitous assumption(a), nor yet by vague declaration
in general terms(b), but scrutinized into by questions put by
the adverse opposite party in relation to all particulars.
Note
(a) As in English conscience Regular Law procedure in the regular Conscience Law Courts.
(b) As in the Oath of calumny of the Romanists.
Identifier: | JB/058/252/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-10-26 |
4-6 |
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058 |
evidence |
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252 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d16 / e2 |
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jeremy bentham |
1800 |
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1800 |
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18921 |
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