JB/091/308/001

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1 March 1808

II. 5 No exemption from the obligation of furnishing evidence
except on special grounds

In this as in the other cases these grounds to be
sufficient must consist in be resolvable into a preponderant
mass of evil in the shape of delay vexation
and expence, preponderant over the evil consisting in
the danger of a certainty of misdecision attached to the
exclusion of the evidence.

Innumerable and the cases in the aggregate to a
prodigious degree extensive are the cases in which under
the technical system of procedure, more especially the English branch
of it exemptions of this sort are granted. Were they
placed on any such grounds, they would be right in
principle at any rate or as having regard to the ends of justice: the
only error they would be in the application of
the principle to particular cases they would still be susceptible
of error, but that error would be no other than what
might happen to be the result of a wrong appretiation estimate
taken of the amount of the evil in question on the one
or the other side. Supposing no other persons concerned
in the point of interest but A and B, no advantage would
result but the contrary in subjecting B to a mass of expence
and vexation taken together such as £20 would be no
more than an adequate compensation for, to save A from
a loss to the amount of £20, that being the amount of the
loss produced by an act of misdecision a wrong judgment pronounced against
him for want of the extra evidence which A B would in case of
compulsion, have afforded.

Identifier: | JB/091/308/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-03-01	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	308	Info in main headings field
Image	001	Titles	no exemption from the obligation of furnishing evidence except on special grounds
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29304
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