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7 Aug. 1805
Procedure
Procedure Removal
<sic.Ch.</sic>
§§ Evidence rehearable
(3) (3
From an extreme of this description the ratio admitts of all imaginable
quantities down to that in which the extra quantity of
collateral inconvenience from distance vanishes altogether: is at its minimum as in the<lb?> case where the metropolis is the seat of both Courts, the Court below and the Court above are both seated
in the metropolis. Here the distance being nothing, natural/collateral expense the inconvenience
vexation and delay of an Appeal will be no greater than do the collateral inconvenience<lb?> of upon a Rehearing.
Should the difference between minutes of viva voce evidence
and viva voce evidence itself present appear itself as sufficiently important,
a mezzo termini presents itself: instead of the mountain
to Mahomet, let Mahomet go to the mountain: let the Judge above
depute a competent person to hear the evidence at the seat of
the Court below.
The question here upon the carpet, let it be observed is
among the questions, to which nothing less than a steady regard
to justice, such as the natural system and that above,
would have given rise. In the month of no Under no modification of the technical
system could any such question have with any tolerable degree
of consistency have been proposed: not for example under the<lb?> in which the best worst mode of extracting
evidence testimony is employed to the exclusion of the best: no as little under
the English, in which so no grist be but bought to the mill, bad and worst are employed with equal
indifference.
Beginning?
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Identifier: | JB/057/121/001"JB/" can not be assigned to a declared number type with value 57. |
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057 |
evidence; procedure code |
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121 |
procedure |
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c3 / e3 |
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jeremy bentham |
1800 |
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