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<head>1825. March 20.<lb/>Procedure Code</head> <!-- note in pencil apart from Ch and § --> <p>14<lb/><note><sic>Ch.</sic> IX</note><lb/>(14 <note> §. 10 Testimony how procurable<lb/> Reward <gap/> but where<lb/> necessary.<lb/> 13. Exceptions excepted<lb/> compulsion, not remuneration</note></p> <p><note><del>10</del><lb/>Exception excepted<lb/> compulsion not remuneration</note></p> <p><sic>Art.</sic> For the <add><sic>probative</sic></add> procurement of evidence <add>or information</add> the constituted<lb/> authorities will not employ remunerative measure<lb/>unless by experience <add> where/in the individual case in question</add> compulsory means have been forced<lb/>to be, or in greed and detriment and assigned ground<lb/>are expected to be insufficient.</p> <p><note>11<lb/> Reasons<lb/> 1 <del>Reg</del> remuneration a<lb/> tendency to produce<lb/> false testimony<lb/> 2 Reliance <add>on it</add> not so strong<lb/> as when <hi rend="underline">procured</hi> without<lb/> remuneration<lb/> 3 Waste of money<lb/> 4 <sic>Corruptive</sic> tendency</note></p> <p><sic>Art.</sic> Reasons are as follows —</p> <p>1. Regard for the direct ends of justice. The testimony<lb/>to produce the desired and supposed beneficial effect<lb/>must <del>to</del> have been adequately <sic>probative,</sic> must have<lb/>been <gap/> means of procuring <add>at the hands of the Judge</add> a correspondent decision<lb/> But by this condition a design of producing false<lb/> testimony is produced: testimony adverse to the <add>direct</add> ends of justice.</p> <p> 2. The tendency of evidence so procured to be<lb/> <add>thus</add> rendered false and fallacious is open to general observation:<lb/> <del>in consequence</del> <add> in consequence <del>at the</del> time evidence when this procurement is liable <!-- addition continued in margin -->and apt not to procure<lb/> at the hands of the Judge and<lb/> others<lb/> so full a measure of<lb/> evidence as is due to<lb/> it: and moreover<lb/> when a decision grounded<lb/> on it has been pronounced</add> the <unclear>spurious</unclear> <add> pursuance</add> of the well groundedness <lb/> of <del>the well groundless of</del> it will <del>not</del> be apt not to be<lb/> so strong and extensive as it would have been had the<lb/> testimony been procured without the use of such means.</p> <p>3 Regard for the collateral ends of justice — supposing the<lb/> evidence otherwise procurable by other means, whatsoever <add>money</add> is<lb/> employed in the procurement of it by this means as<lb/>after having been levied from the people in taxes, disbursed<lb/>in waste</p> <p> 4. <del>by</del> The power for which this purpose it is necessary<lb/>to place in the hands of the constituted authorities, have<lb/> unavoidably, in relation to them a <sic>corruptive</sic> tendency<lb/> measurable as the greater the quantity <del>be</del> employed by them<lb/>in this way, the greater in amount and value, is the power<lb/><add>there in the shape</add> of patronage thus placed in their hands and exercised.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. March 20.
Procedure Code
14
Ch. IX
(14 §. 10 Testimony how procurable
Reward but where
necessary.
13. Exceptions excepted
compulsion, not remuneration
10
Exception excepted
compulsion not remuneration
Art. For the probative procurement of evidence or information the constituted
authorities will not employ remunerative measure
unless by experience where/in the individual case in question compulsory means have been forced
to be, or in greed and detriment and assigned ground
are expected to be insufficient.
11
Reasons
1 Reg remuneration a
tendency to produce
false testimony
2 Reliance on it not so strong
as when procured without
remuneration
3 Waste of money
4 Corruptive tendency
Art. Reasons are as follows —
1. Regard for the direct ends of justice. The testimony
to produce the desired and supposed beneficial effect
must to have been adequately probative, must have
been means of procuring at the hands of the Judge a correspondent decision
But by this condition a design of producing false
testimony is produced: testimony adverse to the direct ends of justice.
2. The tendency of evidence so procured to be
thus rendered false and fallacious is open to general observation:
in consequence in consequence at the time evidence when this procurement is liable and apt not to procure
at the hands of the Judge and
others
so full a measure of
evidence as is due to
it: and moreover
when a decision grounded
on it has been pronounced the spurious pursuance of the well groundedness
of the well groundless of it will not be apt not to be
so strong and extensive as it would have been had the
testimony been procured without the use of such means.
3 Regard for the collateral ends of justice — supposing the
evidence otherwise procurable by other means, whatsoever money is
employed in the procurement of it by this means as
after having been levied from the people in taxes, disbursed
in waste
4. by The power for which this purpose it is necessary
to place in the hands of the constituted authorities, have
unavoidably, in relation to them a corruptive tendency
measurable as the greater the quantity be employed by them
in this way, the greater in amount and value, is the power
there in the shape of patronage thus placed in their hands and exercised.
Identifier: | JB/057/218/001"JB/" can not be assigned to a declared number type with value 57. |
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218 |
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jeremy bentham |
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