JB/087/161/002

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14

Indirect

Corpus delicti

of frauds and perjuries. I should fill a volume
were I to point out half the attempt sifting to the bottom the defects and inconsistencies and
impossibilities] that are to be met with in this act.
Land, be the amount ever so trifling, it will not
suffer to pass by will without three witnesses: but the same
point may be compassed by setting up a disposition conveyance
in the form of called a declaration of trust without a single witness:
and all the riches of Peru if when sever'd from
the earth that bore them, might pass without a
single witness in either of those ways. I see not very well how
it is possible to approve of
the strictness which is shewn observed
in the one case, without condemning
the remissness which
is manifested in the other.
I say nothing
of the care which it takes from to exclude the testimony
of all persons the persons who are most
likely to have been called upon by the testator to attest to act as witnesses,
taking no care which it takes none at all to apprize him of
the exclusion. This is more immediately
the work of the
common law to which
the statute makes only
a sort of tacit reference.
How far In what degree this part of it may have contributed to
the prevention of frauds and perjuries I will not
pretend to see. say: Against thieves no
great matter would be
thought to be done by
it
would be thought no great
stroke of policy to bar
barring one door while
two others were left
open.
I could be rather more positive with
regard to the tendency it has to give birth to
that sort of distress and disappointment, in to
which frauds and perjuries themselves are indebted
for all the mischief to which in their application
to this subject it is in their power nature to produce.

Identifier: | JB/087/161/002 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering
Box	087	Main Headings	indirect legislation
Folio number	161	Info in main headings field	indirect
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	27686
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