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<head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 7<lb/>Procedure Code <add>Formularies ?</add></head> <p><note><sic>Ch.</sic> Intermediate proceedings<lb/>§. Witness Attendance<lb/>requiring Mandate<lb/><foreign>Anglicé</foreign></note></p> <p><note>3<lb/>Many times<lb/>no provision<lb | <head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 7<lb/>Procedure Code <add>Formularies ?</add></head> <p><note><sic>Ch.</sic> Intermediate proceedings<lb/>§. Witness Attendance<lb/>requiring Mandate<lb/><foreign>Anglicé</foreign></note></p> <p><note>3<lb/>Many times<lb/>no provision<lb/>for party made<lb/>to suffer</note></p> <p>Meantime the party who for want of the service<lb/>may with flagrant injustice have been made to suffer<lb/>to any amount, <del>the</del> for <del><gap/></del> <add>amends to</add> him what provision is made?<lb/>Not any No <gap/> does it have for <gap/> in this shape?<lb/>If it does <gap/> in any instance could it be made available.<lb/>To render it so <del><gap/></del> a necessary thing to be proved would<lb/>be the effect of the testimony had it been delivered — to prove<lb/>in a word what a man who in fact has said nothing,<lb/>would in a certain case have said. <del>Thus is <gap/></del> How impossible<lb/>any such proof would be in most not to say in<lb/>all cases in the English <del><gap/></del> forms of proceeding is sufficiently<lb/>manifest: for in an action against any such proposed<lb/>witness not a question to him as to what he<lb/>would have said could be put.</p> <p><note>4<lb/>No allowance for<lb/>accidents Judge & <sic>C<hi rend="superscript">o</hi></sic><lb/>rather tend to promote<lb/>than prevent them</note></p> <p>No allowance being made for accidents, who<lb/>shall tell or so much as conjecture the proportionable method<lb/>of <del>D</del> suits in which wrongs under <unclear>a such</unclear> plan of rights<lb/>for the operation of these cases? In the sort of case called a <gap/><lb/>case this is impossible. So far from preventing such accidents<lb/><add>and for that purpose to make them known</add> the interest and thence the endeavour of the Judge and <sic>C<hi rend="superscript">o</hi></sic> is<lb/>rather to prevent them: for though the loss to the right side<lb/>of the question is sometimes final, the party <del>not <gap/></del> wanting<lb/>pursuer or <gap/> to take another discourse, yet some time<lb/>is or not is <add>will not be</add> the party <gap/> a new <gap/>, in which he<lb/>either <gap/> or agrees facts.</p> <p><note>5<lb/>Effect in penal and<lb/>especially in highly<lb/>penal cases</note></p> <p>But in penal cases <del><gap/></del> especially those of the said<lb/>highly penal classes, the effects of these <gap/> rules <gap/><lb/>not so <sic>compleatly</sic> buried in dustiness: they are <del>those <gap/></del><lb/>laid upon to <del><gap/></del> conjecture, at any rate, by the difference<lb/>between the number of commencements and that of trials. There<lb/>comes in <add>the measure of</add> <unclear>blood</unclear> and <gap/> humanity a man is not to<lb/>be put him <add>a second time</add> in jeopardy of his life in whatever else it is that<lb/>the provision puts in jeopardy. Why not a second time if justice<lb/>requires it. From that in this case to repeat not a circumstance you <add><del>pre</del></add><lb/><!-- continues in the margin and along the edge of the page --> prove that with a good<lb/>reason he ought not a<lb/>first time. But this<lb/>is but one out of so many<lb/>measures of the <gap/> the <gap/> <gap/> principle. <del><gap/></del> Judges, <gap/> and Lawyers, however, criminals and <gap/> <gap/> love and <gap/></p><!-- two small blocks of text above this --> <p>[+] Thus to make up for the <gap/><lb/>and <gap/> imposed upon so many <gap/> <gap/><lb/>a <gap/> number of criminals are to be let loose<lb/>upon, <gap/> in respect the crime.</p> <p>[+] Every such consent ought<lb/>to have a fair chance for his<lb/>life. <del>[+]</del></p> | ||
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1825. Feby. 7
Procedure Code Formularies ?
Ch. Intermediate proceedings
§. Witness Attendance
requiring Mandate
Anglicé
3
Many times
no provision
for party made
to suffer
Meantime the party who for want of the service
may with flagrant injustice have been made to suffer
to any amount, the for amends to him what provision is made?
Not any No does it have for in this shape?
If it does in any instance could it be made available.
To render it so a necessary thing to be proved would
be the effect of the testimony had it been delivered — to prove
in a word what a man who in fact has said nothing,
would in a certain case have said. Thus is How impossible
any such proof would be in most not to say in
all cases in the English forms of proceeding is sufficiently
manifest: for in an action against any such proposed
witness not a question to him as to what he
would have said could be put.
4
No allowance for
accidents Judge & Co
rather tend to promote
than prevent them
No allowance being made for accidents, who
shall tell or so much as conjecture the proportionable method
of D suits in which wrongs under a such plan of rights
for the operation of these cases? In the sort of case called a
case this is impossible. So far from preventing such accidents
and for that purpose to make them known the interest and thence the endeavour of the Judge and Co is
rather to prevent them: for though the loss to the right side
of the question is sometimes final, the party not wanting
pursuer or to take another discourse, yet some time
is or not is will not be the party a new , in which he
either or agrees facts.
5
Effect in penal and
especially in highly
penal cases
But in penal cases especially those of the said
highly penal classes, the effects of these rules
not so compleatly buried in dustiness: they are those
laid upon to conjecture, at any rate, by the difference
between the number of commencements and that of trials. There
comes in the measure of blood and humanity a man is not to
be put him a second time in jeopardy of his life in whatever else it is that
the provision puts in jeopardy. Why not a second time if justice
requires it. From that in this case to repeat not a circumstance you pre
prove that with a good
reason he ought not a
first time. But this
is but one out of so many
measures of the the principle. Judges, and Lawyers, however, criminals and love and
[+] Thus to make up for the
and imposed upon so many
a number of criminals are to be let loose
upon, in respect the crime.
[+] Every such consent ought
to have a fair chance for his
life. [+]
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Identifier: | JB/056/067/001"JB/" can not be assigned to a declared number type with value 56. |
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1825-02-07 |
3-5 |
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056 |
Procedure Code |
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067 |
Procedure Code Formularies? |
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001 |
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Text sheet |
1 |
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recto |
C2 |
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18123 |
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