JB/055/010/001

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1825. March 5
Procedure Code

Ch.
§.

2
Art. 2. Not so
where he is
for by there would be
established a denial of
Justice in the case of sum
due to an indefinite
amount

Art. 2 Not so where insincerity has place:
[say, in the first place.] on the Defendant's side.. For were
they the rule, not the consequence: whatever in each every individual
case whatsoever were the necessary costs of self-defence,
a denial of justice to the injury of the pursuer's
side would be the result of the rule. Necessary costs of self-defence
[in paying expence of witnesses is for ]
say as above as apparent on the face of the
pursuer's £5: this being assured the supposed here a denial
of justice to the amount not only merely of the £1 as above, but
to the amount of £5 to all persons whose debts did not
exceed £5 would the result of the rule in every case in
which it would be seen before hand that the expence which
with propriety a Defendant might for the purpose
of self-defence would amount to as high as that sum

3
art. 3. Thus on design
would men pref
derive some profit by
obtaining or realising other
man's money on false pretence,
whatever were the
sum his a man's
hard fast upon he would
so contrive that this
proverbably necessary of
expence of providing<lb?>himself with the
necessary instruments
of defence i.e. evidence
should amount to that
sum or upwards.

Thus Not here and there a scattered
instance would injustice in this shape have place, it
would become systematic and established: preparing to
react the demand if called upon a dishonest man would instruct
a debt to say the amount of the £5. as above, taking
care that his evidence the distance of his evidence from the seat of judicature [for though such be
might contrive to have should be inaccessible such a distance
that the expence of adduction bringing them thither could not be so little less than the
£5. whether in the character of sources of personal evidence testament
pursuer could in this way be at command would be matter of
accident; but in regard to writings and other articles in the character
of
sources of written and<lb?>other real evidence
a man might make
himself

Identifier: | JB/055/010/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-03-05	Marginal Summary Numbering	2-3
Box	055	Main Headings	Procedure Code
Folio number	010	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17731
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