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31 Jany 1805
Evidence
§. 2. Procedure before Justices of the Peace, out of General
Sessions
Summary procedure, No 2. Procedure before single
Justices of the peace, acting singly, or in the number of
two or more, out of Sessions: – in causes in respect of
which they possess definition jurisdiction as well as preparation.
In the respect in question to evidence this modification of summary
procedure is nearly though not altogether upon a par
in point of perfection with the former. Nearly: because
here justice not plunder by colour of justice having been
the main object, the legislator especially in pursuit of the end of finance acting, under the of public
nullity, and by the light of common sense, without the
advice and in despite of the resistance of his customary
guides, has been himself the author. Nearly, not altogether:
because here, it is not having been practicable
without still greater mischief to the business altogether
from the cognizance of the man of law, the course of natural
justice in this respect could not be preserved altogether from that being
disturbed in some two or three points by techn scientific prejudices disturbance, which it is sure to receive from technical
prejudices.
The principal disturbance however is of a sort which
belongs not to the present head. It belongs to the head
of Exclusion, and will be explained in detail in the book appropriated
to that subject. It consists in the determination not refusal
to hear any man who knows any thing about the matter,
upon any other terms conditions than that of his acting without a motive.
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