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<p>Excluded on the ground of amity must have<lb/>
been many a <del>suit</del> man who, if either <add>affection</add> could have<lb/>
constituted a reasonable ground of exclusion ought to<lb/>
have been excluded on the ground of <gap/>.  Presumption<lb/>
of English law would have sufficed for reading<lb/>
<gap/> he find of <gap/>, the testimony of <gap/> <del>too<lb/>
<gap/></del> inadmissible, partial in favour of <gap/>,
</p>


''This Page Has Not Been Transcribed Yet''


<p>1824. Jan<hi rend="superscript">y.</hi> 31<lb/>
<head><del>Constitutional</del> Procedure Code</head><note>Ch. Evidence<lb/>
&sect;. Exclusions</note></p>
<p>Thus much for simple absurdity.  Now for absurdity<lb/>
<del><gap/></del> topt by inconsistency.  In a suit<lb/>
about an estate, let it be <del>the smallest in existence</del> <add><del>£</del> 1<hi rend="superscript">s</hi> a year</add>, the<lb/>
testimony of an heir apparent is <del>imadmissible</del> <add>excluded, if</add> let it<lb/>
be <del>the largest in existence</del> £100,000 a year, <add>and such estates there are</add> admitted.<lb/>
<del>Why</del> Admitted? why? because in this latter case the<lb/>
father (for this <unclear>forms</unclear> <unclear>part</unclear> of the case) has it in his power to<lb/>
deprive of him of it.  <del>That fatherly affection has any<lb/>
power</del>  Of any such assertion as fatherly affection the<lb/>
existence is among the things which the learned author<lb/>
of this distinction, wherever he was, had yet to learn.</p>
<p>On apparent only not on real interestedness <add>favorable bias</add> can<lb/>
the application of <del><gap/></del> exclusion on this score ever be<lb/>
grounded:  on one appearance, <add>of</add> the equivocalness of<lb/>
which the multitude of family suits of which they have<lb/>
given themselves the benefit might have rendered sufficiently<lb/>
intelligible <add>visible</add> to learned Judges, had it been<lb/>
their pleasure to understand it <add>see it</add>.</p>




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Revision as of 04:54, 15 October 2024

Click Here To Edit

Excluded on the ground of amity must have
been many a suit man who, if either affection could have
constituted a reasonable ground of exclusion ought to
have been excluded on the ground of . Presumption
of English law would have sufficed for reading
he find of , the testimony of too
inadmissible, partial in favour of ,


1824. Jany. 31
Constitutional Procedure CodeCh. Evidence
§. Exclusions

Thus much for simple absurdity. Now for absurdity
topt by inconsistency. In a suit
about an estate, let it be the smallest in existence £ 1s a year, the
testimony of an heir apparent is imadmissible excluded, if let it
be the largest in existence £100,000 a year, and such estates there are admitted.
Why Admitted? why? because in this latter case the
father (for this forms part of the case) has it in his power to
deprive of him of it. That fatherly affection has any
power
Of any such assertion as fatherly affection the
existence is among the things which the learned author
of this distinction, wherever he was, had yet to learn.

On apparent only not on real interestedness favorable bias can
the application of exclusion on this score ever be
grounded: on one appearance, of the equivocalness of
which the multitude of family suits of which they have
given themselves the benefit might have rendered sufficiently
intelligible visible to learned Judges, had it been
their pleasure to understand it see it.



Identifier: | JB/055/158/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1824-01-31

Marginal Summary Numbering

5-6

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

158

Info in main headings field

Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

D6 / E6

Penner

Watermarks

J WHATMAN TURKEY MILL 1823

Marginals

Jeremy Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1823

Notes public

ID Number

17879

Box Contents

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