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<head> 1825. March 28<lb/>Procedure Code</head> <!-- some in pencil --> <p><note><sic>Ch.</sic> IX</note><lb/>(6) (1) <note>§. Defence<lb/><foreign>Anglicé</foreign></note></p> <p>In the English mode in the Common Law Sub<gap/> of it<lb/>to wit in the case of Jury trial all the witnesses <add>on both sides</add> are brought together<lb/>at once brought together in the same hearing on the same<lb/>day and then the <unclear>maximum</unclear> of <gap/> it may be <sic>alledged</sic><lb/>is secured. But supposing this to be the case in general,<lb/>by this no advantage would be given by it over and in comparison<lb/>with the here proposed mode. Why? Because in every<lb/>instance in which the mode is really most <add>the more</add> conducive to justice<lb/>it may and naturally will be employed in the here proposed<lb/><del><gap/></del> mode: whereas wherever that at present established mode is<lb/>no conducive to but opposite to the ends of justice to the opposite<lb/>ever so strong, it can not but be employed: which in those<lb/>same cases, the <add>is and by</add> <del>mode <gap/></del> here proposed mode the mode most<lb/>conducive to the ends of justice may, as above, and naturally<lb/>will be employed.</p> <p>In the established mode, the interval of time taken between<lb/>the commencement of the suit and the delivery of the evidence must<lb/>be that which is necessary to let in that piece of evidence the<lb/>character of which will require the highest <add><unclear>longest</unclear></add> portion of time<lb/>and during <del><gap/></del> the whole of this largest portion all those<lb/>parties which might have been <del><gap/></del> elicited in smaller<lb/>portion of time must remain unelicited. <del><gap/></del> One consequence<lb/>is the greater the portion of time and the greater the number<lb/>of witnesses whose testimony is requisite, the greater is the probability<lb/>of the <unclear>deformation</unclear> of evidence: of a result <add>to <gap/></add> by which<lb/> | <head> 1825. March 28<lb/>Procedure Code</head> <!-- some in pencil --> <p><note><sic>Ch.</sic> IX</note><lb/>(6) (1) <note>§. Defence<lb/><foreign>Anglicé</foreign></note></p> <p>In the English mode in the Common Law Sub<gap/> of it<lb/>to wit in the case of Jury trial all the witnesses <add>on both sides</add> are brought together<lb/>at once brought together in the same hearing on the same<lb/>day and then the <unclear>maximum</unclear> of <gap/> it may be <sic>alledged</sic><lb/>is secured. But supposing this to be the case in general,<lb/>by this no advantage would be given by it over and in comparison<lb/>with the here proposed mode. Why? Because in every<lb/>instance in which the mode is really most <add>the more</add> conducive to justice<lb/>it may and naturally will be employed in the here proposed<lb/><del><gap/></del> mode: whereas wherever that at present established mode is<lb/>no conducive to but opposite to the ends of justice to the opposite<lb/>ever so strong, it can not but be employed: which in those<lb/>same cases, the <add>is and by</add> <del>mode <gap/></del> here proposed mode the mode most<lb/>conducive to the ends of justice may, as above, and naturally<lb/>will be employed.</p> <p>In the established mode, the interval of time taken between<lb/>the commencement of the suit and the delivery of the evidence must<lb/>be that which is necessary to let in that piece of evidence the<lb/>character of which will require the highest <add><unclear>longest</unclear></add> portion of time<lb/>and during <del><gap/></del> the whole of this largest portion all those<lb/>parties which might have been <del><gap/></del> elicited in smaller<lb/>portion of time must remain unelicited. <del><gap/></del> One consequence<lb/>is the greater the portion of time and the greater the number<lb/>of witnesses whose testimony is requisite, the greater is the probability<lb/>of the <unclear>deformation</unclear> of evidence: of a result <add>to <gap/></add> by which<lb/>injustice may be uncountably and irremediably substituted to<lb/>justice.</p> | ||
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1825. March 28
Procedure Code
Ch. IX
(6) (1) §. Defence
Anglicé
In the English mode in the Common Law Sub of it
to wit in the case of Jury trial all the witnesses on both sides are brought together
at once brought together in the same hearing on the same
day and then the maximum of it may be alledged
is secured. But supposing this to be the case in general,
by this no advantage would be given by it over and in comparison
with the here proposed mode. Why? Because in every
instance in which the mode is really most the more conducive to justice
it may and naturally will be employed in the here proposed
mode: whereas wherever that at present established mode is
no conducive to but opposite to the ends of justice to the opposite
ever so strong, it can not but be employed: which in those
same cases, the is and by mode here proposed mode the mode most
conducive to the ends of justice may, as above, and naturally
will be employed.
In the established mode, the interval of time taken between
the commencement of the suit and the delivery of the evidence must
be that which is necessary to let in that piece of evidence the
character of which will require the highest longest portion of time
and during the whole of this largest portion all those
parties which might have been elicited in smaller
portion of time must remain unelicited. One consequence
is the greater the portion of time and the greater the number
of witnesses whose testimony is requisite, the greater is the probability
of the deformation of evidence: of a result to by which
injustice may be uncountably and irremediably substituted to
justice.
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Identifier: | JB/052/438/001"JB/" can not be assigned to a declared number type with value 52. |
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1825-03-28 |
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052 |
procedure code |
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438 |
procedure code |
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001 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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17111 |
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