JB/055/314/001

Click Here To Edit

1824. Feby. 9
Constitutional Procedure Code.

Ch. Costs
§. Procedure
§.3. Costs
Evi. Middle men

69
Evil 7. Vexation said
expence of to persons concerned
as witnesses on
insufficient grounds.
Anglicé this not inconsiderable
To attorney. Falsely supposed
or pretended
witness affords no less
profit there needful and
do he whose
testimony would be
devious:

On the Attorney no
responsibility on this
score.
How useless so ever
to party, and vexation
to himself, his attendance
it is not the less obligatory.

Evil 7. 8 Vexation and expence of persons convened summoned
on insufficient grounds to serve as witnesses.

Under the established systems English system, this is an evil
of no inconsiderable magnitude. A falsely supposed or
pretended percipient witness, who knows nothing about the
matter, affords no less profit to the Attorney than a
witness whose testimony is ever so certainly decisive.
On the Attorney no responsibility on this score rests.
Not the less strictly bound to attendance is the individual
thus convened, how useless soever to the
party his examination if taken, how vexation &
burthensome to himself his attendance.

70
Cut off in the here
proposed plan would
be his source of uncompensated
vexation.<lb/.For the relevancy the
party calling for it would
feel responsible.
Cases in which the order
for apprehension would be
refused, and the
are.
1. Testimony not promising<lb?>to be sufficiently
probative.
2. Of do, the
service to justice not
preponderant over the
vexation and do expence
>inescapable from the
delivery of it.

On the here proposed plan, this source of uncompensated
vexation would be effectually cut off.
For the relevancy of the evidence thus indicated,
the party calling for it would be, and would feel himself effectually responsible. In either of two cases, the order of for appearance
would be refused by the Judge, and thus and the undue vexation saved
by the Judge: 1. If, setting aside the vexation, it afforded
not a sufficient promise of being relevant &
probative: 2. If, notwithstanding it's relevance &
probativeness, the vexation and expence inseparable
from the delivery of it, would according to
the Judge's estimate, expend the value of the matter in
dispute, or the value of the utmost service, capable
of being rendered by to the cause of the party
in the right, by the delivery of it.

Identifier: | JB/055/314/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-09	Marginal Summary Numbering	69-70
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	314	Info in main headings field	Procedure Code
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3 / D26
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	18035
Box Contents