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1 Decr 1811
Evidence
Cases of blind disguised exclusion
1. Doctrines giving to this or that species of evidence
the epithet denomination and effect of conclusive evidence: thereby therein
excluding all evidence on the other side.
3 2. Setting limits to the quantity of the the evidence that
shall be allowed to be extracted or received: ex. gr.
the number of witnesses. N.B. In this case the
examples are not taken from English Law.
3. Ex Setting fixt limits to the length of time during which evidence
shall be utilized to be collected extractable or received: therein excluding all evidence
that can not be collected extracted or received within that time.
4. Practice By concealment of evidence already extracted
or concealed, exclusion put upon all other evidence
of which but for such concealment the need or the means
of procuring might have been indicated.
5. Exclusion put upon evidence by means or on the ground of
the phrase – you must not discredit your own witness.
N.B. This being particular and narrow should come late.
6. Negative or virtual exclusion put upon evidence
by use in indeterminate masses by deficiency or
inefficiency of in the arrangements taken provided for securing
the forthcomingess of evidence.
7. Exclusion put upon non-attesting witnesses. In the case
7. In the case here the fact in question is the genuineness
of an Instrument a legal instrument of contract, the exclusion put upon the
testimony of all witnesses whose names are not visible
upon the face of it in the character of attesting witnesses.
8. Exclusion by exaction of violation of religious principle.
1. Quakers. 2. Mormons.
9. Requisition of a particular instrument or other document or operation for a particular
purpose – when others would be as probative thereby
excluding all others on the same side.
10. Requisition of a plurality of witnesses more than one
Identifier: | JB/118/412/002 "JB/" can not be assigned to a declared number type with value 118.
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1812-09-14 |
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118 |
panopticon |
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412 |
to ld sidmouth |
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002 |
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correspondence |
1 |
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recto |
a1 / f1 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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draft of letter 2190, vol. 8 |
39466 |
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