JB/091/311/001

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1 March 1808

Even In the cases in which the article is upon sale, it is
only to one of the parties viz. the plaintiff that the faculty of compelling obtaining evidence
by compulsion from the other, is to be disposed of. Why?
viz because two suits afford yield more lawyer profit than
one. Institute a second suit, and that an Equity suit,
and the lights which before were shut out are not let in:
and the mass of evidence which before was partial incompleat,
and thence f deceptitious is now allowed to be compleated.

As to the absence of the necessary powers for turning
out evidence, this forms another topic: but even where
you know where the article of evidence it being an article of oral or written evidence which you stand in
need of is to be had, when you know in whose hands it
is, and those hands unexceptionable ones, it is a point
not settled to this hour whether you have a right to compel
the production of it: the oral testimony of the person –
the evidence which you don't want nobody wants and
which would not be of use to anybody – the testimony
of a man who knows nothing of the matter – that you
can not have unless it suits his view to give it you: may be assured of: but the article of written evidence – the deed on
which the success of your cause, the demonstration of the right
which you have depends, that you can not have – or
what is worse it is not yet known whether you can have
it or no, unless it such his views to put you in possession let you have it
of it.

Such is the uncertainty certainty of the fine on a pint the denial
for which is a every day's experience.

Identifier: | JB/091/311/001 "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	311	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29307
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