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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 4<lb/>Law Amendment.</head> <p><note><sic>ult</sic><lb/>Propositions<lb/><sic>Ch.</sic> Procedure<lb/>§. After Application & Suits<lb/>Evidence-elicitation<lb/>Existing System.</note></p> <p><note>4<lb/>Under existing system<lb/>charge of ferreting out<lb/>evidence committed<lb/>to Attorney</note></p> <p><add>Turn now to the existing system</add> Abandoned by the Judge whose <del>pow</del> appropriate powers<lb/>are ample <add>adequate</add> the task <add>charge</add> of ferreting out evidence is <del><gap/></del> as if<lb/>studiously, committed to the <del><gap/></del> party's Attorney who has | <head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 4<lb/>Law Amendment.</head> <p><note><sic>ult</sic><lb/>Propositions<lb/><sic>Ch.</sic> Procedure<lb/>§. After Application & Suits<lb/>Evidence-elicitation<lb/>Existing System.</note></p> <p><note>4<lb/>Under existing system<lb/>charge of ferreting out<lb/>evidence committed<lb/>to Attorney</note></p> <p><add>Turn now to the existing system</add> Abandoned by the Judge whose <del>pow</del> appropriate powers<lb/>are ample <add>adequate</add> the task <add>charge</add> of ferreting out evidence is <del><gap/></del> as if<lb/>studiously, committed to the <del><gap/></del> party's Attorney who has none.<lb/>Now, that is to say for securing <add>either</add> the discovery of evidence, or the<lb/>veracity of any which is delivered. But, for inflicting on persons<lb/>in number unlimited vexation to an amount unlimited, in pretence<lb/>of the <del>exaction</del> <add>extraction</add> of evidence, powers alike unlimited</p> <p><note>5<lb/>Evils attending on<lb/>evidence elicitation<lb/>by lawyers</note></p> <p>Behold now the well paid lawyer setting forth <add>beating the bush<lb/>on</add> his expedition<lb/>in quest of evidence. So far as the game are willing to<lb/>visit the net, <del>no difficulty <gap/> <gap/></del> <add>no difficulty does he encounter</add> so far as they are<lb/>willing or <add>at any rate</add> not adverse. But, whether <del>adverse</del> willing indifferent<lb/>or adverse this is more than it is possible to be sure of,<lb/>more than it he is sometimes able so much as to conjecture<lb/>Hard indeed is the lot of that unhappy to whom fortune <add>to whose lawyer</add> or<lb/>corruption has opposed an adverse witness <add>adequately</add> informed of the<lb/><del><gap/> <gap/> with</del> means, nor can any be more sure, <add>with</add> which<lb/>the existing system, has provided him for inflicting <add>loss to an unlimited extent, no</add> disappointment<lb/>in proportionate bitterness on the object of his <add>enmity</add> hate,? His testimony<lb/>is it "matter of necessity? necessary in such sort that<lb/>without it, success would be plainly impossible or hopeless? To<lb/>Simply to divest <add>that of divesting</add> the party of his right, or to add to that loss the<lb/><del>exp</del> amount of the costs on both sides, are the two <add><unclear>principle</unclear></add>gratifications <lb/>which court has chosen. If the minor injustice will content him<lb/>he remains mute: if nothing less than the major he unveils<lb/>a tale which being in itself <add>itself</add> false would <del><gap/></del> <add><sic>fulfill</sic> completely</add> the applicants<lb/>purpose if it were would if true crown with success the <del><gap/></del><lb/>applicants wishes and exertions: with any degree of success.<lb/>The Law, therefore comes in the trial; and the result is already<lb/>visible. The testimony given out of court it is all false: but<lb/>being given out of court given without oath, punishment attached<lb/>upon it there is none: the testimony he delivers is true: and being delivered<lb/>upon oath is believed to be so: but being either <gap/><lb/>favourable to the <del><gap/></del> <unclear>deluded</unclear> party, or what comes to the same thing <add>not</add><lb/><!-- continues in the margin -->not sufficiently favourable,<lb/><del>obtains</del> <add>produces</add> though true<lb/>all the effect that could<lb/>be wished from false.</p> | ||
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1827. Novr. 4
Law Amendment.
ult
Propositions
Ch. Procedure
§. After Application & Suits
Evidence-elicitation
Existing System.
4
Under existing system
charge of ferreting out
evidence committed
to Attorney
Turn now to the existing system Abandoned by the Judge whose pow appropriate powers
are ample adequate the task charge of ferreting out evidence is as if
studiously, committed to the party's Attorney who has none.
Now, that is to say for securing either the discovery of evidence, or the
veracity of any which is delivered. But, for inflicting on persons
in number unlimited vexation to an amount unlimited, in pretence
of the exaction extraction of evidence, powers alike unlimited
5
Evils attending on
evidence elicitation
by lawyers
Behold now the well paid lawyer setting forth beating the bush
on his expedition
in quest of evidence. So far as the game are willing to
visit the net, no difficulty no difficulty does he encounter so far as they are
willing or at any rate not adverse. But, whether adverse willing indifferent
or adverse this is more than it is possible to be sure of,
more than it he is sometimes able so much as to conjecture
Hard indeed is the lot of that unhappy to whom fortune to whose lawyer or
corruption has opposed an adverse witness adequately informed of the
with means, nor can any be more sure, with which
the existing system, has provided him for inflicting loss to an unlimited extent, no disappointment
in proportionate bitterness on the object of his enmity hate,? His testimony
is it "matter of necessity? necessary in such sort that
without it, success would be plainly impossible or hopeless? To
Simply to divest that of divesting the party of his right, or to add to that loss the
exp amount of the costs on both sides, are the two principlegratifications
which court has chosen. If the minor injustice will content him
he remains mute: if nothing less than the major he unveils
a tale which being in itself itself false would fulfill completely the applicants
purpose if it were would if true crown with success the
applicants wishes and exertions: with any degree of success.
The Law, therefore comes in the trial; and the result is already
visible. The testimony given out of court it is all false: but
being given out of court given without oath, punishment attached
upon it there is none: the testimony he delivers is true: and being delivered
upon oath is believed to be so: but being either
favourable to the deluded party, or what comes to the same thing not
not sufficiently favourable,
obtains produces though true
all the effect that could
be wished from false.
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Identifier: | JB/056/219/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-04 |
4-5 |
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Law Amendment |
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219 |
Law Amendment |
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001 |
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C7 / C6 / E2? |
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18275 |
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