JB/056/253/001

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1828 July 21

Preface?

29
Evidence on both sides
Examples

Thus far on the part of the plaintiff, the demand
now comes the evidence: the evidence adduced in support of
the demand. If At the time of proferring the demand Suppose the plaintiff to say, this bread
I myself delivered to the plaintiff on such a day at his
house, here the plaintiff and the witness are the same person
and the difference between the demand and the evidence is
not altogether obvious. But, at this same time suppose
the plaintiff to bring bringing with him a servant of his, and
that he saying — it is not by myself but by this servant of mine that the bread
was delivered here the distinction between the demand and the
evidence is clear: it is by the plaintiff that the demand
is deliverd delivered; by the servant, the evidence.

And suppose the defendant to dispute the justice of
the demand, the like distinction may without further explanation
be concurred as having place in his case

30
In so far as grounded
on exterior evidence
demand may be groundless
without falshood — i.e.
without insincerity on the
plaintiff.

Here it may be observed that unless in so far s
the demand has a point of fact no other evidence for its
ground than the plaintiff's own testimony as to what the evidence
that [matter of fact] circumstances of the case that according to him fall
in to under the cognizance of his own senses, the demand
may in pint of fact be groundless without any
fo in his veracity or sincerity for in so far as it fell
not within the cognizance of his senses, it is not testimony
but inference: the falsity is the result not of the a /del> culpable
intention but an error in judgment: the servant having
assured the master that by him (the servant) the bread had at the time in question
been delivered at the house of the defendant, the plaintiff
believed of course that what was then told him was true,
whereas in point of fact the servant deliverd sold the bread to another
person and put the money into his own pocket.

Identifier: | JB/056/253/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-21	Marginal Summary Numbering	29-30
Box	056	Main Headings	Procedure Code
Folio number	253	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C8 / F9
Penner		Watermarks	B&M 1828
Marginals	Jeremy Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18309
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