JB/058/359/001

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30 Jany 1805
Evidence

In marking out the course taken under the English System in its various principal in some of its broadest lines in England
of English origin in relation to the operation in question – viz: the receipt
and extraction of testimony, I shall begin with that
mode of procedure which we consider exactly or at least comes
nearest to a coincidence with the mode plan pattern exhibited
by the above rules. I shall then exhibit in their order
the several ulterior variations, placing first those in which the
aberration is least important; and bringing successively to view
their the instances in which it is wider and wider the
mode pursued more and more vitious, and defective, abundant in imperfection
consequently the means employed were next worse adapted
more and more incongruous and unconducive with reference to the professed
end – the avoidance of mis-decision, the fulfilment of the
predictions delivered in each case by the substantive branch of the law: or
in other words the due administration of genuine and substantial
justice.

Under an arrangement thus described, of the two grand main
divisions of existing the system of established procedure, the summary and the regular
the former can not fail of taking the precedence occupying the first place: that
which having had justice for its end the real end of its institution, has either been suffered to
accommodate itself, and actually has accommodated and does accommodate itself
with almost compleat success, be that its only legitimate end
seats itself takes its station of course in the first place: after that comes
the mode system of arrangements which having had methodized plunder for its
object, said the privileged sharers in the spoil for its authors, the
the administration of justice for its collateral and accidental,
though happily to a certain inconsiderable in no small degree its eventual effect, has been
but too happily adapted to its not unavowed professed but not the less steadily pursued sinister end.

Identifier: | JB/058/359/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-01-30	Marginal Summary Numbering	8-9
Box	058	Main Headings	evidence
Folio number	359	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19028
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