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<head>1826. <del>March</del> April 7<lb/>Procedure <del>Constitutional</del> Code</head> <p><note><sic> | <head>1826. <del>March</del> April 7<lb/> | ||
Procedure <del>Constitutional</del> Code</head> <p><note><sic>Ch.</sic> Evidence</note><lb/> | |||
<!-- number in pencil --> (2 <note>§. what sufficient</note></p> | |||
<p><note>3<lb/> | |||
Contrary practice in<lb/> | |||
English system — Reason<lb/> | |||
<sic>alledged</sic> that <add><del>prob</del></add> evidence<lb/> | |||
sufficiently <sic>probative</sic><lb/> | |||
of the <add><del>fact wrong</del></add> subject matter of<lb/> | |||
the demand must be<lb/> | |||
known to the pursuer</note></p> | |||
<p>Of this error the cause is an assumption tha[t]<lb/> | |||
while <del>a <gap/></del> a more <del>un</del> <sic>compleatly</sic> unwarranted one<lb/> | |||
can scarcely be conceived: and <add>to wit</add> that is that of the demand<lb/> | |||
be just <del>whatsoever</del> the evidence which will be given <add>at the hearing</add><lb/> | |||
in support of it will in every particular be correctly<lb/> | |||
known to the pursuer or without his default would have<lb/> | |||
been known to him <sic>antecedently</sic> to the delivery of it<lb/> | |||
and in particular <sic>antecedently</sic> to the time of the delivery<lb/> | |||
of his demand: each mans right is then rendered<lb/> | |||
dependant on the appropriate <add>perfection of the</add> aptitude on all points of <del>the<lb/> | |||
witnesses</del> such persons as either were or as he has reason<lb/> | |||
to think were with relation to the facts in question principal<lb/> | |||
witnesses. The consequence is — that <del>if</del> as often as on<lb/> | |||
any one of these points a failure has place, <add> on the part of any one witness</add> the wrong<lb/> | |||
if he is the only witness to the point remains for ever<lb/> | |||
unaddressed, the right to which he has a <add>just</add> title <sic>unestablished</sic> <lb/> | |||
the <add>distinction of</add> law <del><gap/></del> instead of receiving execution and effect,<lb/> | |||
<del><gap/></del> frustrated.</p> | |||
<p><note>4<lb/> | |||
Power of oppression<lb/> | |||
given by this practice</note></p> | |||
<p>To every man who is wicked <add>profligate</add> enough to avail<lb/> | |||
himself of it a power is thus given by the authors of the<lb/> | |||
law to entrap, vex and impoverish an adversary at<lb/> | |||
pleasure: <sic>extrajudicially</sic> he repairs to a party wronged<lb/> | |||
and <del>states to him the fa</del> delivers to him a false statement<lb/> | |||
<add>by</add> which if true the right of the party thus <unclear>asserted</unclear><lb/> | |||
out for deception to the benefit he has in contemplation<lb/> | |||
to demand would be adequately proved: <add>for</add> this statement though<lb/> | |||
false, <add> by the supposition false and mischievous</add> not being judicially delivered he is not either punitorally<lb/> | |||
or <sic>compensatorally</sic> responsible: when the demand comes <lb/> | |||
to a hearing, <add>in what</add> the deceiver states there is not any thing but what<lb/> | |||
is true: for to the accomplishment of its deceptitious purpose, nothing that is not true is necessary.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. March April 7
Procedure Constitutional Code
Ch. Evidence
(2 §. what sufficient
3
Contrary practice in
English system — Reason
alledged that prob evidence
sufficiently probative
of the fact wrong subject matter of
the demand must be
known to the pursuer
Of this error the cause is an assumption tha[t]
while a a more un compleatly unwarranted one
can scarcely be conceived: and to wit that is that of the demand
be just whatsoever the evidence which will be given at the hearing
in support of it will in every particular be correctly
known to the pursuer or without his default would have
been known to him antecedently to the delivery of it
and in particular antecedently to the time of the delivery
of his demand: each mans right is then rendered
dependant on the appropriate perfection of the aptitude on all points of the
witnesses such persons as either were or as he has reason
to think were with relation to the facts in question principal
witnesses. The consequence is — that if as often as on
any one of these points a failure has place, on the part of any one witness the wrong
if he is the only witness to the point remains for ever
unaddressed, the right to which he has a just title unestablished
the distinction of law instead of receiving execution and effect,
frustrated.
4
Power of oppression
given by this practice
To every man who is wicked profligate enough to avail
himself of it a power is thus given by the authors of the
law to entrap, vex and impoverish an adversary at
pleasure: extrajudicially he repairs to a party wronged
and states to him the fa delivers to him a false statement
by which if true the right of the party thus asserted
out for deception to the benefit he has in contemplation
to demand would be adequately proved: for this statement though
false, by the supposition false and mischievous not being judicially delivered he is not either punitorally
or compensatorally responsible: when the demand comes
to a hearing, in what the deceiver states there is not any thing but what
is true: for to the accomplishment of its deceptitious purpose, nothing that is not true is necessary.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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