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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/>§§ Next to <sic>Applic<hi rend="superscript">n</hi></sic> & Suits<lb/>Evidence -elicitation</note>?</p> <p><add>Subpoena obtains <gap/> in few<lb/>vexation to witnesses <gap/> to<lb/><gap/> <gap/> <gap/> to lawyer profitable<lb/>in <gap/> <gap/></add></p> <!-- to the right of this text --> Interrogated by the Attorney the evidence<lb/>witness <gap/> to feel benefit of<lb/>the medicants <gap/></add></p> <p><note>13<lb/>Investigatory evidence<lb/><del>all</del> employed for<lb/>punishment of felonies<lb/>refused in all other<lb/><del>criminal <gap/></del> common<lb/>law cases</note></p> <p>To the investigatory mode of elicitation employment is<lb/>given in suits <add>carried on in the criminal form</add> for punishment of Offences <sic>stiled</sic> felonies, and suits<lb/>carried on in the criminal form for offences <del>called breaches of the <gap/></del> <add><sic>stiled</sic></add><lb/>stiled in the language of legal <gap/> branches of the power given<lb/>in these sorts of suits: to all others refused to all others given,<lb/>where the fact to be ascertained is a cut or a blow: refused where it<lb/>is the collative or ablative fact by which the title to a <add><gap/></add> Dukedom<lb/>with thousands a year in any number is to be established or done<lb/>away.</p> <p><note>14<lb/>Refused in Equity</note></p> <p>Refused <del>by</del> to be carried on by Judge, <add>with <del>the</del> ample authority</add> the investigation<lb/>is left to be performed by <del>the</del> professional assistant of parties with<lb/><gap/> consequences in Equity with no exception, at Common<lb/>Law with no exception but as above no witnesses have you<lb/>but those <add>of</add> whose testimony <del>is deigned</del> <add>the comparative untrustworthiness is <gap/></add> by the name given the<lb/>willing witnesses: the body of the evidence regularly incompetent<lb/>and in such sort <sic>incompleat</sic>, as to be through partial affection<lb/><unclear>dueplious</unclear></p> <p><note>15<lb/>Under existing system<lb/><add>useless</add> mode of evidence compelling<lb/>as superabundant<lb/>as the needful is<lb/>scanty.</note></p> <p>Mode of compelling <!-- brackets in pencil --> [the] elicitation of evidence<lb/>If <del>by</del> <add>for <gap/> <gap/></add> <del>superfluity <gap/> and <gap/></del> <add>atonement</add> awards could be made<lb/>by <sic>remedience</sic> of <del>the</del> for the needful by the useless if for<lb/>scantiness of the needful by abundance of the useless the mode<lb/>employed by the existing might be <add>in part of applied</add> upon to par with that <del><gap/><lb/>be</del> employed in the proposed system.</p> <p><gap/> of securing the exhibition of evidence: that is to<lb/>say of such evidence as is not, as above excluded that which<lb/>is employed by the existing system is it rightly adapted to its<lb/>professed purpose? Yes if <del>by</del> for <add>for the deficiency left by</add> scantiness of the needful <del><gap/></del> <add><gap/></add><lb/><del>can <gap/> <add>in <gap/></add></del> supply appropriate and adequate can be <add>is</add> afforded<lb/>by exuberance without limit of whatever is most useless.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1827. Novr. 4
Law Amendment.
ult
Propositions
Ch. Procedure
§§ Next to Applicn & Suits
Evidence -elicitation?
Subpoena obtains in few
vexation to witnesses to
to lawyer profitable
in
Interrogated by the Attorney the evidence
witness to feel benefit of
the medicants </add>
13
Investigatory evidence
all employed for
punishment of felonies
refused in all other
criminal common
law cases
To the investigatory mode of elicitation employment is
given in suits carried on in the criminal form for punishment of Offences stiled felonies, and suits
carried on in the criminal form for offences called breaches of the stiled
stiled in the language of legal branches of the power given
in these sorts of suits: to all others refused to all others given,
where the fact to be ascertained is a cut or a blow: refused where it
is the collative or ablative fact by which the title to a Dukedom
with thousands a year in any number is to be established or done
away.
14
Refused in Equity
Refused by to be carried on by Judge, with the ample authority the investigation
is left to be performed by the professional assistant of parties with
consequences in Equity with no exception, at Common
Law with no exception but as above no witnesses have you
but those of whose testimony is deigned the comparative untrustworthiness is by the name given the
willing witnesses: the body of the evidence regularly incompetent
and in such sort incompleat, as to be through partial affection
dueplious
15
Under existing system
useless mode of evidence compelling
as superabundant
as the needful is
scanty.
Mode of compelling [the] elicitation of evidence
If by for superfluity and atonement awards could be made
by remedience of the for the needful by the useless if for
scantiness of the needful by abundance of the useless the mode
employed by the existing might be in part of applied upon to par with that
be employed in the proposed system.
of securing the exhibition of evidence: that is to
say of such evidence as is not, as above excluded that which
is employed by the existing system is it rightly adapted to its
professed purpose? Yes if by for for the deficiency left by scantiness of the needful
can in supply appropriate and adequate can be is afforded
by exuberance without limit of whatever is most useless.
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Identifier: | JB/056/217/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-04 |
13-15 |
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056 |
Law Amendment |
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217 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
C5 / C3 / or C1* |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18273 |
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