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<head><!-- in pencil -->Tit. 1. 21. B 23</head> | |||
<p><note><!-- in pencil -->Advocate 32 4. Trouble & <sic>expence</sic> of <gap/> points not meant to be contested saved by admissions</note> 4. The cause is cleared <add>instantaneously</add> in the first instance <del>of</del> by<lb/> | |||
mutual admissions of all <del>points on both sides</del> <add>facts on each side</add><lb/> | |||
which the other side does not mean to contest.<lb/> | |||
By this means it is cleared of all the witnesses<lb/> | |||
<add>and written evidence</add> relative to those facts, of all the <sic>expence</sic> relative to<lb/> | |||
the <add>production &</add> examination of such witnesses, and the <add>drawing up of</add> instructions<lb/> | |||
for examining them. A party though ever so much<lb/> | |||
disposed to take every <add><unclear>ungenerous</unclear></add> unfair advantage will make<lb/> | |||
no difficulty if admitting such fails as he is<lb/> | |||
sure it must be in the power of his adversary to<lb/> | |||
prove <!-- in pencil --><hi rend='superscript'>(a)</hi> <note>especially <del>if</del> in case of all <gap/> the costs <del>will</del> <add>are to</add> fall upon himself.</note></p> | |||
<head><!-- in pencil -->Note</head> | |||
<p><hi rend='superscript'>(a)</hi> Goods are taken in execution by an inferior<lb/> | |||
officer by warrant from his superior: the<lb/> | |||
<del>right of the superior to</del> legality of the warrant is<lb/> | |||
the real subject of dispute: <note>the existence of the warrant is what nobody has any doubt of</note> if the party maintaining<lb/> | |||
the legality of the warrant happens not to think of<lb/> | |||
taking care that it shall be forthcoming at the trial<lb/> | |||
<add>the cause is lost</add> by the English law he loses his cause. By the preliminary<lb/> | |||
explanations in question all accidents of<lb/> | |||
this sort are prevented. <add>Two lists</add> <del>A list</del> <add>one</add> of points mutually<lb/> | |||
admitted the other of points really contested are<lb/> | |||
<del>to</del> made out on both sides. And no point is admitted<lb/> | |||
upon the list in respect of which <del>the opinion</del> <add>each</add> party has not<lb/> | |||
declared upon his oath his persuasion <add>belief</add> of the fact maintained by <note>him, or his disbelief or doubt of the fact maintained in the opoosite side</note></p> | |||
---page break---
Tit. 1. 21. B 23
Advocate 32 4. Trouble & expence of points not meant to be contested saved by admissions 4. The cause is cleared instantaneously in the first instance of by
mutual admissions of all points on both sides facts on each side
which the other side does not mean to contest.
By this means it is cleared of all the witnesses
and written evidence relative to those facts, of all the expence relative to
the production & examination of such witnesses, and the drawing up of instructions
for examining them. A party though ever so much
disposed to take every ungenerous unfair advantage will make
no difficulty if admitting such fails as he is
sure it must be in the power of his adversary to
prove (a) especially if in case of all the costs will are to fall upon himself.
Note
(a) Goods are taken in execution by an inferior
officer by warrant from his superior: the
right of the superior to legality of the warrant is
the real subject of dispute: the existence of the warrant is what nobody has any doubt of if the party maintaining
the legality of the warrant happens not to think of
taking care that it shall be forthcoming at the trial
the cause is lost by the English law he loses his cause. By the preliminary
explanations in question all accidents of
this sort are prevented. Two lists A list one of points mutually
admitted the other of points really contested are
to made out on both sides. And no point is admitted
upon the list in respect of which the opinion each party has not
declared upon his oath his persuasion belief of the fact maintained by him, or his disbelief or doubt of the fact maintained in the opoosite side
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Identifier: | JB/051/204/003"JB/" can not be assigned to a declared number type with value 51. |
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27-33 |
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051 |
evidence; procedure code |
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204 |
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003 |
note |
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text sheet |
4 |
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recto |
f21 / f22 / f23 / f24 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16369 |
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