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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/> | <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 1 witnesses <gap/> 2<lb/><gap/> <gap/> profitableness to lawyer 3 profitable<lb/>in <gap/> <gap/></add></p> <!-- to the right of this text --> <p><add>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 case</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 peace</del> <add><sic>stiled</sic></add><lb/>stiled in the language of legal <unclear>poetry</unclear> breaches of the peace: 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/>None, consequence 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 disparaged</del> <add>the comparative untrustworthiness is <unclear>presumed</unclear></add> by the name given the<lb/>willing witnesses: the body of the evidence regularly <sic>incompleat</sic><lb/>and in such sort <sic>incompleat</sic>, as to be through partial affection<lb/><unclear>deuplious</unclear></p> <p><note>15<lb/>Under existing system<lb/><add>useless</add> modes 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 <del><gap/></del> scantiness</add> <del>superfluity <gap/> and <gap/></del> <add>atonement</add> amends could be made<lb/>by <sic>remedience</sic> if <del>by</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 <add>in part if applied</add> be upon a par with that <del>proposed<lb/>to</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>atonement</del> <add>amends</add><lb/><del>can be made <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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1827. Novr. 4
Law Amendment.
ult
Propositions
Ch. Procedure
§ Next to Applicn & Suits
Evidence -elicitation?
Subpoena obtains in few
vexation 1 witnesses 2
profitableness to lawyer 3 profitable
in
Interrogated by the Attorney the evidence
witness to feel benefit of
the medicants
13
Investigatory evidence
all employed for
punishment of felonies
refused in all other
criminal case 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 peace stiled
stiled in the language of legal poetry breaches of the peace: 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
None, consequence in Equity with no exception, at Common
Law with no exception but as above no witnesses have you
but those of whose testimony is disparaged the comparative untrustworthiness is presumed by the name given the
willing witnesses: the body of the evidence regularly incompleat
and in such sort incompleat, as to be through partial affection
deuplious
15
Under existing system
useless modes of evidence compelling
as superabundant
as the needful is
scanty.
Mode of compelling [the] elicitation of evidence
If by for scantiness superfluity and atonement amends could be made
by remedience if by for the needful by the useless if for
scantiness of the needful by abundance of the useless the mode
employed by the existing might in part if applied be upon a par with that proposed
to 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 atonement amends
can be made 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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