JB/047/028/001

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11 May 1706
EVID. B. .Exclusion Genl View. Ch. . Mischiefs
S. 1. Obvious Mischiefs

1.
Mischiefs of exclusion
1. Obvious mischiefs Exclusion
of evidence is exclusion
of justice.
p. 1

2.
2. Mischiefs on Deft's side
in criminali, licence to
crimes.
p 1

3.
2. On Deft's side, in non criminali,
licence to non criminal
injuries.

4.
3. — on Deft's side in criminali
licence to oppression
of innocence by punishment
when undue.
(viz - if fallacious evidence
enough on the other side).
p 1

5.
4. - on Deft's side in non
criminali licence to oppression
by all imaginable
wrongs, other than
on the score of punishment.
p. 2.

6.
Exclusion of witnesses of a
particular description, a
licence to committ all
offences in the presence of
such witnesses.

6(a)
Example - English licence
to the Army to ravish
in meetings,
compleated by exclusion of
self criminating evidence
of Deft & / or Defts.
p 2

7.
Requisition of two witnesses
a licence to the commission
of all offences in the presence
of any one witness.
p. 2.

7(a)
Granted by Roman Jurisprudence
& English Statutes.
p. 2

8
If such exclusion prevents
oftener than it produces
deception, find: does it
Reference onwards.
p 3

9.
Justice may be bought
too dear : Justice & Injustice
are matter of account.
Sentiment, with incapacity,
folly, ignorance, obstinacy, &
pride ,knavery, disdain
account - prefer ipse
dixits.
p 3

10.
So evidence - Hence cases
when exclusion is proper
but they are rarely exemplified.
Vexation pried
for by just punishment
or satisfaction is not of
the number.
Few instances in which
an requires to be left unfinished,
wrongs unredressed,
or oppressions inflicted, by
forbearance on this score.
p. 3

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S.2. Michiefs of Ex less obvious View

1.
1. Mischiefs increase of
financial vexation by
diminishing the quantum
leviable by the best
seated taxes : viz. taxes
on consumption.
p. 1

2.
The maximum of duty
leviable with advantage
on each article is as
the risk on the smuggling
of that article: that risk
is as the efficiency of the
mode of procedure employed
agt it.

Identifier: | JB/047/028/001"JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-05-11	Marginal Summary Numbering	1-6, 6a, 7, 7a, 8-10, 1-4, 4a
Box	047	Main Headings	evidence
Folio number	028	Info in main headings field	[[info_in_main_headings_field::evid. b [ ] exclusion genl view ch. 4 mischief]]
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14896
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