JB/055/208/001

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1825. April 24
Procedure Code

Instructions.

§. 8. Modes of converse or discursant operation which to employ – oral
or epistolary.

On this occasion case as on so many others, a conflict has
place between the direct and the collateral ends of justice.
Between those contending parties, the direct, by their very
name, present themselves and possessing a right title to preference.
But, as gold may be bought too dear, so when
the good resulting from this preference is outweighed by
the evil resulting from produced by some of the evils correspondent
and opposite to the collateral ends – in a word by
delay, vexation and expence, the title right to preference
on the other side.

Necessary to the attainment of the direct ends of
justice, is the ascertainment of the truth in respect of the relevant
and appropriate facts on both sides, collative and ablative.
For the ascertainment of the truth so far as depends on
testimonial evidence, there exists but one best course –
the same for all cases. This is – examination in the
oral mode: followed in case of need for recollection
and eventual correction, by amendment in the graphical
or say scriptitious mode – in that mode which were the parties to the
intercourse at a distance distant from each other at the time
would be stiled the epistolary mode. This is the mode
prescribed by an exclusive regard for the direct ends of
justice.

Next to this is the converse of this: in the first instance
examination in the epistolary mode, followed in case of
need, and foreknown to be eventually followed, by examination
in the oral mode. This is the mode prescribed in some instances a certain case
by preferable regard to the collateral ends of justice.

Identifier: | JB/055/208/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-04-24	Marginal Summary Numbering	7-10
Box	055	Main Headings	Procedure Code
Folio number	208	Info in main headings field	Procedure Code
Image	001	Titles	Instructional
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E3
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17929
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