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1825. March 20
Procedure Code
16
Ch. IX
16 §. Testimony how procurable
14. Compulsion not remuneration
Exception
Indemnity can not in many cases
be given, how should this be taken
is . It is
whatever side the evidence favours
Art. Of the cases in which the employment
of remuneration man for the production of testimony is most
apt to be , examples are the following
13
No action producible
without impelling motives
counterballancing restraining
motives</note>
Art. No action without a motive or mass of motive
to the production of it ever having place the consequence is —
that unless not only the force of all matters
is , but adequate motives be ,
no motive to the effect in question can have taken place
14
Cases where need of
such motives
Art. Of the cases in which such need of
[and counterbalances] and impelling motives is most<lb?>apt to have place examples are as follows
1 Suit simply requisitive
1. Case I Suit simply requisitive and not .
This is the case in which such need is least apt to
have place. But even here, the delivery of testimony can
not be [performed without vexation and expense or the
of expense to an amount more or less considerable:
and to the delivery of it vexation and expense on the part
of the pr and proposed witness may be to an indefinite
amount may, in some cases, be necessary.
15
Though eviden compulsion
employable yet the
evidence may not be
elicitable without
remuneration
Now that also it is known sufficiently apparent that in virtue of
the perception raised by him, the individual in question has it in
his power to deliver evidence, cr means of the compulsory
kind will in general be adequate to the procurement of it.
But such means may be possessed by individuals in any
number without them being known or suspected to possess it:
and so far as this is the case, unless where love of justice an adequate amount
or sympathy for the indidu individual , no means of
the remuneratory kind for the production of the will be
Identifier: | JB/057/220/001"JB/" can not be assigned to a declared number type with value 57. |
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1825-03-20 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18550 |
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