JB/091/312/001

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1 Feby 1808

☞ After no allegation same oath

II No Allegation without cross examination

By this I mean not actual examination to say
that no allegation should ever be delivered, but under the scrutiny
of cross-examination actually applied to it at the time. This
would be By such a regulation a compleat exclusion would
be put upon all affidavit evidence: and thereby abundance
of delay, vexation and expence necessitated, which without
prejudice to the rectitude of decision might be saved.

What I On this occasion I suppose it according
to the preceding rule settled that no allegation should be received
without oath: or at any rate without the party's
being liable, and being apprized of his being liable, to be
put upon his oath to confirm the veracity of his allegation
by the securities attached to the solemnity of an oath.
This being assured, what I mean to say here is – that no
allegation ought to be received, though under the sanction of
an oath, without a man's being either subjected to the scrutiny
of cross-examination at the time, or being liable to
and understanding himself to be liable to be subjected to
it at some future time: viz. at the requisition of the Judge,
or at the requisition of the adviser any party interested, if acceded to
by the Judge: regard being had to the antagonizing such of the ends
of justice, as on this as on so many other occasions are liable
to antagonism, viz. rectitude of decision on one side, avoidance of delay
vexation and expence on the other.

Identifier: | JB/091/312/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-01	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	312	Info in main headings field
Image	001	Titles	no allegation without cross examination
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	29308
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