JB/058/264/001

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22 Mar. 1805
Evidence

voyage could be the amount of the collateral inconvenience, in the shape
of vexation and expence, that its preponderance over the direct mischief
consisting in the factors of justice, is obvious and undeniable.

Suppose in the case of two parties, having their abodes in different
judicial districts parcel of the same empire, the plaintiff were
to appoint an as his agent to stand in two places, and a another person having
his abode within the same judicial district as the proposed defendant; which
agent, summoning the defendant to appear meet him at the tribunal of the
district should meet him there as the plaintiff himself might if present might would
have done. Compared wth the preceding this arrangement would be
but a makeshift, since though while the agent of the plaintiff had the
advantage of putting questions viva voce to the defendant, the defendant
would be in possession of any corresponding means of extracting
confessional or self-deserving evidence from the mouth of the
plaintiff, so that on those terms the advantage would be all of it
on one side. Under those circumstances however if the like faculty
of facing and interpreting the adversary by proxy were given
to the defendant, the inequality would at any rate be removed,
though in this case whether the avoidance of direct injustice justice would be worth the pain
paid for it by the inconvenience in the shape of vexation and
expence, would depend upon the ratio of the mischief of the injustice,
to the magnitude collateral of the price inconvenience. In this case we see another
modification of the system of natural procedure – of a system
which notwithstanding the inconveniences attached to it may is not the
less natural, the inconvenience being in the nature of things
natural procedure by reciprocal ex parte appearance in the presence coran
judice of the Judge.

The case thus described may be termed a case of exprovinciation: each
of the parties being in a different province, in a state of exprovinciation, with reference to the other.

Identifier: | JB/058/264/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-22	Marginal Summary Numbering	4
Box	058	Main Headings	evidence
Folio number	264	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18933
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