JB/057/122/001

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7 August 1805

Evidence Procedure

Procedure Removal
Ch

 ? 4

Ill consequences of
rehearing if
the evidence were to
follow an appeal, as
of course

Suppose the exercise of the right of appeal to be followed as
of course, by a rehearing of the testimonial part of the evidence
in the Court above. On the part of the extraneous witnesses, the
the expense and vexation, if not compensated for by at the expense charge
of the parties, would frequently be ruinous and intolerable: if so compensated
for, inasmuch as the compensation for one indefinite number
of instances would come fall to be made at the expense of a single
party, it would be still more ruinous and more intolerable. The more
opulent of the parties would thus in many cases, find himself
possessed in possession of a sure method of depriving his adversary of all chance
for justice. In a word, under an arrangement of this sort, the
natural system would in many cases be as hostile to much at variance with the ends
of justice, as the worst modification of the technical system.

Thus it is that happens, Such is the state of things in some a certain degree
unfortunate an unfortunate one for mankind, the collector that in case of appeal in the greater number
of causes the extraction of evidence in the best mode the best mode of examination is incompatible
with the best judicature.

Another misfortune is that in the distant provinces
as far as depends upon the exercise of judicial power, men can
never have so good a choice for in respect of the security against injustice men can never
be upon so good a footing as in the metropolis. But this too
is but one among the many disadvantages to which the condition
of the inhabitants of a distant province are subjected in comparison
of that of the inhabitants whose residence is lot lies further in the midst
of a numerous population and in the seat of government.

On the other hand, as when the remedy against injustice when it
takes place is less perfect, the occasions which give birth to it
are commonly upon the whole less numerous and productive. Not
completely fabulous and phantastic is the connection, on the one hand
between populousness and vice, on the other hand between thinness of
inhabitancy and innocence. The less frequent the intercourse, the
less the room for transactions of all sorts, good and bad together.

Identifier: | JB/057/122/001"JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-07	Marginal Summary Numbering	not numbered
Box	057	Main Headings	evidence; procedure code
Folio number	122	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18452
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