★ Find a new page to transcribe in our list of Untranscribed Manuscripts
Auto upload |
No edit summary |
||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1828 July 21. E1<lb/>Jud</head> <p><note>47<lb/>Interest of Judge that<lb/>evidence <sic>shd</sic> bear character<lb/>of truth:<lb/>1. It saved time & trouble<lb/>2. & created information for<lb/>discernment.</note></p> <p>Now as to <hi rend="underline">mendacity license</hi>. <del>For</del> In every<lb/>case in which <del><gap/></del> <add>whatever, by or on behalf</add> was said on the occasion of the suit was<lb/>said by or on behalf of the parties <add>was said</add> in the way of evidence, as<lb/>above it was the interest of the Judge that as far as may<lb/>be it should bear on it the character and confine itself<lb/>within the pale, of truth: for the <del>more strictly it was <unclear>conformed</unclear><lb/>with</del> for the less it wandered out of this pale, the less would be the<lb/>quantity of his time and trouble consumed in hearing it <hi rend="superscript">[+]</hi> <note><hi rend="superscript">[+]</hi> this sort of discourse,<lb/>all of it, to himself<lb/>unprofitable</note> besides<lb?>that <del>which</del> <add>so far as</add> nothing were to be got by receiving <add>eliciting</add> <sic>falshood</sic><lb/>his reputation in respect of discernment would be served<lb/>by the <del>capacity of grounding his decision on fact</del> <add>having true statements<lb/>to ground his decision upon rather than false.</p> <p><note>48<lb/>Not so, with written<lb/>pleadings: here words may<lb/>be measured & fees extracted<lb/>Accordingly, to this purpose<lb/>false as good as true <add>allegations</add>. Hence<lb/>pretext to be fund for admitting<lb/>said falsehoods.</note></p> <p>Not so in the case of the abovementioned written<lb/>pleadings. These being expressed in writing on the variable<lb/>characters called words; here then is a quantity of matter<lb/><del>capa</del> susceptible of measurement: and <add<<del>b</del> with</add> which alone<lb/>then it has undergone measurement, <add>the</add> quantity of remuneration<lb/>exacted under the name of fees <del>need</del> may be<lb/>made to receive <sic>encrease</sic>. To the purpose false allegations, <add>if received</add> will serve just as well as true. remains then<lb/>for the accomplishment of the profit yielding purpose the finding<lb/>a pretext as plausible as may be, for giving admission<lb/>to <add>such false</add> allegations <del><gap/></del> <add>of</add> the probity of which <del>can not but be<gap/></del><lb/>true, can not but be conscious.</p> <p><note>49<lb/>Pretext found in distinction<lb/>between demand and<lb/>evidence.</note></p> <p>This pretext is furnished by the above mentioned<lb/>distinction between <dl>the</del> <add>instrument of demand</add> and an instrument of evidence<lb/>between a demand made and testimony delivered in support<lb/>of it.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1828 July 21. E1
Jud
47
Interest of Judge that
evidence shd bear character
of truth:
1. It saved time & trouble
2. & created information for
discernment.
Now as to mendacity license. For In every
case in which whatever, by or on behalf was said on the occasion of the suit was
said by or on behalf of the parties was said in the way of evidence, as
above it was the interest of the Judge that as far as may
be it should bear on it the character and confine itself
within the pale, of truth: for the more strictly it was conformed
with for the less it wandered out of this pale, the less would be the
quantity of his time and trouble consumed in hearing it [+] [+] this sort of discourse,
all of it, to himself
unprofitable besides<lb?>that which so far as nothing were to be got by receiving eliciting falshood
his reputation in respect of discernment would be served
by the capacity of grounding his decision on fact having true statements
to ground his decision upon rather than false.
<note>48
Not so, with written
pleadings: here words may
be measured & fees extracted
Accordingly, to this purpose
false as good as true <add>allegations. Hence
pretext to be fund for admitting
said falsehoods.</note>
Not so in the case of the abovementioned written
pleadings. These being expressed in writing on the variable
characters called words; here then is a quantity of matter
capa susceptible of measurement: and <add<b with</add> which alone
then it has undergone measurement, the quantity of remuneration
exacted under the name of fees need may be
made to receive encrease. To the purpose false allegations, if received will serve just as well as true. remains then
for the accomplishment of the profit yielding purpose the finding
a pretext as plausible as may be, for giving admission
to such false allegations of the probity of which can not but be
true, can not but be conscious.
49
Pretext found in distinction
between demand and
evidence.
This pretext is furnished by the above mentioned
distinction between
|
Identifier: | JB/056/261/001"JB/" can not be assigned to a declared number type with value 56. |
|||
|---|---|---|---|
|
1828-07-21 |
47-49 |
||
|
056 |
Procedure Code |
||
|
261 |
Jud |
||
|
001 |
|||
|
Text sheet |
1 |
||
|
recto |
C11 or C12 / C1 / F17 |
||
|
B&M 1828 |
|||
|
Arthur Moore; Richard Doane |
|||
|
1828 |
|||
|
18317 |
|||
