JB/047/024/001

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7 Mar. 1806
EVID. B. Exclusion Improper Vexation Ch. 1. Self-prejudicing

§. 4. Authentication

1
In not suffering a party
(say ye Deft) to be called upon
to recognize his own writing
is injurious to both parties –
to the Plff by putting him to
the expence in the first instance,
to the Deft ultimately if losing
the cause (by far the most
common case) he pays costs.
p.1.

2.
If costs visited always
upon the party who losing
the cause may thence be
presumed to be in the
wrong, the burthen might
be considered as a punishment
for his mala fides.
But the losing party is
not always the party in
the wrong (so many causes
being lost by decisions on
points foreign to the merits)
nor if in the wrong, always
in mala fides, nor always
saddled with costs. p.1.

3.
Even if a punishment for mala fides,
it would be bad, proportionable.
the factitious expence of
finding a witness for this
purpose is sometimes inconsiderable,
sometimes
ruinous. p.2.

4.
Sometimes the discovery
is even impracticable. p.2.

5.
The only party ever
benefited by this rule is
the dishonest suitor, who
avails himself of it to defeat
justice. p.2.

6.
In confederacy with the
Deft or thro' enmity to the
Plff, an ill wisher of his
may make him lose his
cause beyond redemption,
& so ruin him, by pretending
himself able to
prove the hand-writing
when it is no such thing:
the falshood not being uttered
in Court nor upon Oath is
not punishable. p.3.

7.
In a case stiled a penal
case, the Deft is never so
much as expected or even
suffered to acknowledge his
own hand-writing.
Here then the factitious
expence is constant, and the
success of the above mentioned
fraud may be assured.

8.
Encouraging, even necessitating
such practices in
a Court of Justice, turns is
into a School of vice. p.3.

9
This is one of many instances
in which English Judicature
is tainted with
immoralities from which
the Judicature of all
other Countries is free.
p.3.

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§. 4. Authentication

10.
The public mind is actually
tainted by the moral poisons
thus poured into it from
the Judgment seat. Instance
the vasion of two delinquents
by the means
spoken of in the Newspapers
without censure. p.3.

Identifier: | JB/047/024/001"JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-03-07	Marginal Summary Numbering	1-10
Box	047	Main Headings	evidence
Folio number	024	Info in main headings field	[[info_in_main_headings_field::evid. b. [ ] exclusion improper ch. [ ] self-prejudicing]]
Image	001	Titles	authentication
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2
Penner	john herbert koe	Watermarks	iping 1804
Marginals		Paper Producer	bernardino rivadavia
Corrections	jeremy bentham	Paper Produced in Year	1804
Notes public		ID Number	14892
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