JB/056/215/001

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1827. Novr. 4
Law Amendment.

ult
Propositions.
Ch. Procedure
§. Next to Applicats & Suits
Evidence elicitation
Existing System

8
Vitious system
as to elicitation in
Equity practice

After all this labour undergone the body of litigant witnesses self elicited evidence is not in
any individual case compleat. The process must be repeated, but
the points changed. The party who before was to abstain from falsity falshood
is now to revel in it: the party who was forced to
revel in it will now of in course abstain from it. Crumbled in
dust is now and then the inviolable rule. of this same
rule what then is the use? To produce two suits instead of one
with falshood in unbended manner, not a syllable but what
is in writing, with and not a word that was but what over and
over yields its fees: times by hundreds and by thousands: and
not to him but, by the expence of it suffices of itself to secure operate
a denial of justice.

9
In common law
practice

So far as concerns litigant witnesses, thus in what is called Equity.
in what is called an Equity case suit: how in what is called a Common Law suit
To Mendacity alike termed the licence all pervading and in parts made obligatory:
abstinence prescribed none: matter interrogative none all that
is to say as to the matter of the statements: but
to paper thus filled succeeds to paper like a shuttlecock between both
except that at each stroke the shuttlecock is charged
each word pregnant with fees every word as before. Over each
paper hangs like the sword of damocles over the the multiplication
principle of nullification, ready in readiness to pierce at a word from
the Judge to pierce the hapless Client because for the delinquency
by of his lawyers by non-observance of rules some rules
neither communicated nor so much as made: and by every
such catastrophe is are brought down into the laps of lawyers so
many shares of fees.

[In an honest eye] At sight of such a secure indignation to mandate it looks
out for any thing that presents a face like pleasantry

After all, the game thus played out, nothing is done, of all
that is delivered not a syllable is recorded as evidence: whatever is
received as evidence whatever bears so much as the name of evidence
remains to be elicited. Occupied in the delivery of the witness matter
are months or years; crowded squeezed into the a few hours whatsoever
under the name of evidence or otherwise is evidence and as
such meets the ears of the Judge who is to pronounce upon it.

Identifier: | JB/056/215/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-04	Marginal Summary Numbering	8-9
Box	056	Main Headings	Law Amendment
Folio number	215	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3 / C2
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18271
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