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<p> <add> 20 July 1808</add> <add> + </add> <add> 6 </add> <lb/><note>Vouchers not the best <lb/> evidence</note></p>


<p> <add> 6 </add> <lb/><add>1.  As to the predilection in forms of <hi rend="underline">Vouchers.</hi> </add> <lb/>
<add> A circumstance remarkable enough, and that seems</add> <lb/> <del> Turning to the list of the Commissioners, the Accountant </del> <lb/><add>to turn some clause to the attention of the Commissioners</add> <lb/>  <del> observes upon the list the names of two Gentlemen of the </del><lb/> <add> in general, <del> who </del> but <del> more </del> in a more particular manner</add><lb/><del> Bar, known to him by the <gap/> which before </del> <lb/>
<add> to those <add> among them</add> whose conceptions concerning the rules of evidence,<lb/><!-- continued in right hand margin --> <add>and the comparative <lb/>regard due <lb/>to the different <lb/><hi rend="underline">shapes</hi> in which it <lb/>may happen to an article <lb/>of evidence from the<lb/> same <hi rend="underline">source</hi> to be <lb/>prosecuted, can <add> not</add> <add>have <lb/>been formed in <lb/>in <add> any </add> <add>other school <lb/>than that of the great <lb/>Courts at Westminster <lb/>is, that the sort <lb/>of evidence <del>for </del> <lb/>in favour of which<lb/> such <del> marks</del> <add> <del> totems</del> marks</add><add> of <lb/>predilection <del> has</del> <add> have </add><lb/>
<add> <del> been <gap/> </del> <add> manifested themselves, </add><add> is <lb/>precisely the sort <lb/>of evidence, which, <lb/>if tendered by itself <lb/>would not, in any <lb/><add> one of these</add><add> trust, <del> in Westminster <lb/>Hall </del> find <lb/>so much as admittance: <lb/>the <lb/>rejection <del> been</del> <lb/>having for its <lb/>grounds the</add> <lb/> <del> <gap/> <add> a </add> <del> <gap/> </del> <del>appointment to the judicial office they had <gap/> command at his <gap/></del><lb/>
<del> attained in that branch of the profession of the law </del> </p>


<p><del><add> From </add> By whatsoever opinions, if by <add> from </add> any, the system in question</del> <lb/><del> may have received countenance he is confident that</del> <lb/><del> in the <gap/> <add> by </add> <add>in </add> no such opinion as that of which of their two </del> <lb/><del>learned gentlemen would <add> could </add> any such complexion <add> system </add> be <gap/></del> </p>
<p> <del> The sort of evidence which according to the complexion</del> <lb/>
<del> as in the cases in <add> to </add> which it is applicable if not the </del> <lb/>
<del> only admissible evidence, or that without which all other </del><lb/>
<del>evidence is sufficient, or at least <add> at best</add> suspicious, is </del><lb/>
<del> precisely the sort of evidence, which if tendered by </del> <lb/>
<del> itself, would not, unless <add> exept</add> except</add></add> as against the party <add> individual </add> has when </del> <lb/>
<del> the declaration expressed by it was tender unless <gap/> </del> <lb/>
<del>by other evidence of the description <add> same sort </add> as that which </del> <lb/>
<del> in comparison of it is by the same system to which </del> <lb/>
<del>a degree undervalued - not these but under a multitude </del> <lb/>
<del> of conditions and restrictions, be received in any </del> <lb/> <del> branch of judic in Westminster  <add> Hall </add> <gap/> <gap/> word </del> <lb/>
<del> in any Court of Judication <add> unless the Audit Office has an exception </add> and these for the two </del><lb/>
manifest and well known reason, <del> viz </del> <add> viz. </add> that if <lb/>
<add> its <add> not </add> being unprovided with either of</add> the two great <del> necessities</del> <add> <del> <gap/> <gap/> </del> </add> checks to falsehood, <add> <del> viz. </del>, <del> on which</del> <lb/>
<add>oath and cross examination as above mentioned.</add><lb/>
<del> the <gap/> <gap/>, as securities for that correctness and </del> <lb/>
<del> completeness, which <gap/> qualities <hi rend="underline">required</hi> in evidence <add> in which the <gap/> of </del> <lb/>
<del>to <add> the ends of </add> justice depends <gap/> the sanction of an <hi rend="underline">oath</hi>, </del> <lb/>
<del>including eventual punishment as for perjury, and </del> <lb/>
<del>the scrutiny of <hi rend="underline">cross examination</hi>, no such <gap/></del> <lb/><del> ever goes by the term of a <hi rend="underline">Voucher</hi> is ever, of itself</del><lb/><!-- continues at right angles --><del>provided with either much less with both.</del> </p>


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Latest revision as of 10:33, 4 February 2020

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20 July 1808 + 6
Vouchers not the best
evidence

6
1. As to the predilection in forms of Vouchers.
A circumstance remarkable enough, and that seems
Turning to the list of the Commissioners, the Accountant
to turn some clause to the attention of the Commissioners
observes upon the list the names of two Gentlemen of the
in general, who but more in a more particular manner
Bar, known to him by the which before
to those <add> among them whose conceptions concerning the rules of evidence,
and the comparative
regard due
to the different
shapes in which it
may happen to an article
of evidence from the
same source to be
prosecuted, can <add> not
have
been formed in
in <add> any
other school
than that of the great
Courts at Westminster
is, that the sort
of evidence for
in favour of which
such marks <add> totems marks
of
predilection has <add> have

been <add> manifested themselves, is
precisely the sort
of evidence, which,
if tendered by itself
would not, in any
<add> one of these
trust, in Westminster
Hall
find
so much as admittance:
the
rejection been
having for its
grounds the

a appointment to the judicial office they had command at his
attained in that branch of the profession of the law

From By whatsoever opinions, if by from any, the system in question
may have received countenance he is confident that
in the by in no such opinion as that of which of their two
learned gentlemen would could any such complexion system be

The sort of evidence which according to the complexion
as in the cases in to which it is applicable if not the
only admissible evidence, or that without which all other
evidence is sufficient, or at least at best suspicious, is
precisely the sort of evidence, which if tendered by
itself, would not, unless exept except</add></add> as against the party individual has when
the declaration expressed by it was tender unless
by other evidence of the description same sort as that which
in comparison of it is by the same system to which
a degree undervalued - not these but under a multitude
of conditions and restrictions, be received in any
branch of judic in Westminster Hall word
in any Court of Judication unless the Audit Office has an exception and these for the two
manifest and well known reason, viz viz. that if
its <add> not being unprovided with either of</add> the two great necessities checks to falsehood, viz. , on which
<add>oath and cross examination as above mentioned.

the , as securities for that correctness and
completeness, which qualities required in evidence <add> in which the of
to the ends of justice depends the sanction of an oath,
including eventual punishment as for perjury, and
the scrutiny of cross examination, no such
ever goes by the term of a Voucher is ever, of itself
provided with either much less with both.



Identifier: | JB/122/325/001"JB/" can not be assigned to a declared number type with value 122.

Date_1

1808-07-20

Marginal Summary Numbering

Box

122

Main Headings

Panopticon

Folio number

325

Info in main headings field

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

D6 / E6

Penner

Watermarks

TH 1806

Marginals

Paper Producer

Andre Morellet

Corrections

Paper Produced in Year

1806

Notes public

See note to letter 1986, vol. 7

ID Number

001

Box Contents

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