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19 April 1805
Evidence
Whichever party of either cause provided with any gratuitous
assistant, the same desirable object will on that side have the
same interest to promote it: for though in this cause the assistant in this
has not an equal interest in the event of the cause, he
has the same interest in the dispatch of it.
As surely truly as it is the interest of the party and his gratuitous
assistance to expedite the decision, as clearly is it that
of the hired assistant to keep it back as much as possible. But the Judge, being to
whom that sinister interest is no secret well apprized of that interest, will by it find no no less difficulty in frustrating
any designs to which it may have given birth. Should
the Judge be disposed to fail in this his duty, the party prejudiced
by such failure, will not, if possessed of a certain degree of
intelligence, fail to perceive it. In his default, the like observation
may present itself even to a bystander: and as the degree
of intelligence since neither in the instance of any unknown
party or bystander can the degree of intelligence be measured beforehand
by the Judge, he will not general speaking find it either easy or safe
to betray to any learned friend the interest of the unlearned
suitor to any learned friend.
A paper of Advice to suitors, to put them upon their
guard against the contrivances arts which upon every favourable opening opportunity
would of course be played off upon as those in this view by their
professional assistants, would be a proper supplement to any every established system
of Procedure that should really have for its object the ends of justice:
and whatever particle of advice were thus given addressed under the name of
advice to suitors, would in effect be a warning, a and a check
to Attorneys, to Advocates, and to Judges. On all hands, success to
dishonesty being hopeless, honesty would come of course.
Identifier: | JB/058/270/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-04-19 |
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058 |
evidence |
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270 |
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001 |
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text sheet |
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recto |
c2 / e2 |
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jeremy bentham |
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