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<head>1828 July 25<lb/> Jud</head> <!-- in pencil --> <p> ☞ Turn to p 5</p> <p><note>Preface<lb/>Equity procedure</note></p> <p><note>63 or 11<lb/>1. Evidence in favour of self<lb/>not to be believed 2. In Equity<lb/>defendant's evidence if <sic>ag<hi rend="superscript">t</hi></sic><lb/>himself, admitted as true if<lb/>not contradicted by 2 witnesses.<lb/>Rule for excluding self serving<lb/>evidence — | <head>1828 July 25<lb/> Jud</head> <!-- in pencil --> <p> ☞ Turn to p 5</p> <p><note>Preface<lb/>Equity procedure</note></p> <p><note>63 or 11<lb/>1. Evidence in favour of self<lb/>not to be believed 2. In Equity<lb/>defendant's evidence if <sic>ag<hi rend="superscript">t</hi></sic><lb/>himself, admitted as true if<lb/>not contradicted by 2 witnesses.<lb/>Rule for excluding self serving<lb/>evidence — eluded.</note></p> <p>According to one maxim <add>in Equity as well in Common Law practice</add> no man is to be believed as to<lb/>any thing which makes in favour of himself: on this ground<lb/>nothing which the plaintiff says , to wit in his Bill, <add>to wit</add> is admitted<lb/>in the character of evidence. According to another maxim<lb/><del>every thing</del> in so far as the <add>character of the</add> Defendant evidence is admitted<lb/>which it is not in Common Law practice but is in Equity<lb/>practice <del><gap/></del> every thing which the Defendant says in<lb/>his Answer (as the word is) as <del>provided at <gap/> <gap/> <gap/></del> <add>on the supposition of its making <del>it being understood that to</del></add><lb/>against him admitted in the character of evidence <hi rend="superscript">[+]</hi> <lb/><note>[+] and unless contradicted<lb/>by his extraneous witnesses<lb/>taken for true</note> <add>In practice</add> The<lb/>exclusion thus <del>professed <gap/></del> <add>in profession</add> put <del>upon</del> upon self-serving evidence<lb/>is however a pretence to a very considerable extent<lb/>eluded: for note whatsoever <add>part of the Defendant's confession</add> is regarded as making against<lb/>the Defendant, the Defendant is very ill <del><gap/></del> <add>affected</add> of by the dexterity<lb/>of his learned assistant a sufficient portion of <del><gap/></del><lb/>that sort of matter is not inserted: as parenthesis<lb/>in any number may be inserted, one in the belly of another<lb/>the operation necessary to this purpose is plain and easy</p> <p><note>64: or 12<lb/>Narrative <add>is</add> composed of statements<lb/>of facts — supposition<lb/>is that it consists of<lb/>2 distinct intelligible parts<lb/>1 — matter in <sic>favor</sic> of <sic>Def<hi rend="superscript">t</hi></sic><lb/>2 — <sic>d<hi rend="superscript">o</hi></sic> — <sic>disfavor</sic> of <sic>d<hi rend="superscript">o</hi></sic><lb/>This not in the nature of<lb/>things.</note></p> <p>Received or not in evidence a narrative is imposed<lb/>consisting of <add>an aggregate of</add> statements made in relation to an aggregate<lb/>of facts <add>of matters of facts</add> (states of things or nature some contemporary with<lb/>relation to each other, other successive. When of a narrative<lb/>made on this occasion the whole <add>of the</add> matter comes from<lb/>two pairs of lips, on one <add>pair</add> hand <add>those lips or that hand being the lips or hand of a Defendant</add> what the laws of evidence suppose<lb/>is that it consists of two distinguishable <add>parts or</add> parcels<lb/>one containing so much of the matter as will operate in<lb/>difference of the Defendant, the other of so much as <del><gap/></del><lb/>will operate in his favour, the matter of each parcel being<lb/>at the same time intelligible. To this supposition the nature<lb/>of things is not altogether favourable: as well might it<lb/>be supposed that if <del>f</del> on every page of this paper one<lb/><del>haf</del> half of the words were drawn out in the way of lottery,<lb/>the other half would remain intelligible. the The more <sic>compleatly</sic> <add>incapable</add><lb/><!-- continues in the margin --> incapable <add>the rule is</add> of being complicit<lb/>with, the less is the<lb/>difficulty experienced<lb/>in <del>eluding it</del> the endeavour<lb/>employed in the eluding of it.</p> | ||
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1828 July 25
Jud
☞ Turn to p 5
Preface
Equity procedure
63 or 11
1. Evidence in favour of self
not to be believed 2. In Equity
defendant's evidence if agt
himself, admitted as true if
not contradicted by 2 witnesses.
Rule for excluding self serving
evidence — eluded.
According to one maxim in Equity as well in Common Law practice no man is to be believed as to
any thing which makes in favour of himself: on this ground
nothing which the plaintiff says , to wit in his Bill, to wit is admitted
in the character of evidence. According to another maxim
every thing in so far as the character of the Defendant evidence is admitted
which it is not in Common Law practice but is in Equity
practice every thing which the Defendant says in
his Answer (as the word is) as provided at on the supposition of its making it being understood that to
against him admitted in the character of evidence [+]
[+] and unless contradicted
by his extraneous witnesses
taken for true In practice The
exclusion thus professed in profession put upon upon self-serving evidence
is however a pretence to a very considerable extent
eluded: for note whatsoever part of the Defendant's confession is regarded as making against
the Defendant, the Defendant is very ill affected of by the dexterity
of his learned assistant a sufficient portion of
that sort of matter is not inserted: as parenthesis
in any number may be inserted, one in the belly of another
the operation necessary to this purpose is plain and easy
64: or 12
Narrative is composed of statements
of facts — supposition
is that it consists of
2 distinct intelligible parts
1 — matter in favor of Deft
2 — do — disfavor of do
This not in the nature of
things.
Received or not in evidence a narrative is imposed
consisting of an aggregate of statements made in relation to an aggregate
of facts of matters of facts (states of things or nature some contemporary with
relation to each other, other successive. When of a narrative
made on this occasion the whole of the matter comes from
two pairs of lips, on one pair hand those lips or that hand being the lips or hand of a Defendant what the laws of evidence suppose
is that it consists of two distinguishable parts or parcels
one containing so much of the matter as will operate in
difference of the Defendant, the other of so much as
will operate in his favour, the matter of each parcel being
at the same time intelligible. To this supposition the nature
of things is not altogether favourable: as well might it
be supposed that if f on every page of this paper one
haf half of the words were drawn out in the way of lottery,
the other half would remain intelligible. the The more compleatly incapable
incapable the rule is of being complicit
with, the less is the
difficulty experienced
in eluding it the endeavour
employed in the eluding of it.
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Identifier: | JB/056/268/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-25 |
63 or 11 - 64 or 12 |
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056 |
Procedure Code |
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268 |
Jud |
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001 |
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18324 |
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