JB/056/161/001

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1827. Octr. 17
Law Amendments.

Propositions
§ Procedure

(2)

Wrongs
Hardship to witness and innumerable

Innumerable wilful
wrongs produced by
this denial of Justice

Innumerable must continually be the wilful wrongs created
with success and impunity and success by this denial of thus put upon justice
by the denial put upon the means of obtaining the requisite evidence

Not only a large mass of evidence
excluded but what as
to what is admitted
partiality is produced
to a vast amount

By this denial/deficiency/refusal Not only is the mass of otherwise obtainable evidence in
some cases refused and suppressed altogether, and the mass of evidence,
such as is obtained rendered incomplete, but that which
in regard to that which is permitted to be obtained, as efficient a cause
of partiality [and thus of injustice] no one can say to how
vast an amount, is left out put out in full operation. Many are
the occasions on which no means of compelling the testimony of
impartial witnesses being furnished, the only witnesses whose testimony
is exhibited elicited is that of the sort of witnesses called willing
witnesses: that the result of the suit depends not on
the justice of the case, but on the degree of influence which the parties
on the two sides of the suit respectively possess respectively over men
in the persons who happen to have as to whom it has happened to
be in a condition enabling them to furnish evidence.

Thus it is in all cases
of Affidavit evidence

Thus it is in every case in which the ground of decision
is composed exclusively of affidavit evidence: for in no case is
any man not being a party to the suit, compellable to deliver
evidence in this shape: and thus it is that the species
of evidence which to being above all others destitute of securities for veracity
and verity, exposed to the temptation of substituting falshood
from truth, gives admittance in an over proportion to persons
in whose instance the motive and inducement to falshood apply with in
the greatest force: witnesses partial, and the check upon partiality
next to none.

Of No unwilling witnesses
the evidence admitted
in Equity Courts

That if the Of no witness that is not in this way be willing
witness is the evidence received in a Court of Equity: Evidences where
the delivery of it is consented to as received: and is therefore elicited, in the
profoundest secrecy, by an examining Officer Clerk, performing under these circumstances the Office/function of a Judge on the ground of a story of interrogation previously to
other hands, when consented to you: but for compelling consent or performance
the system of procedure affords no means.

So likewise in the other Judicature
the procedure of which is chosen from Roman
Roman jurisprudence
namely the Ecclesiastical
Courts and the Admiralty
Courts.

Identifier: | JB/056/161/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	161	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18217
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