JB/056/170/001

Click Here To Edit

1827. Octr. 17
Law Amendments.

Propositions
§. Procedure
Proposed )( existing

Acts if enforceable will
appearance of witnesses

Accidents which may
render a trial made out
is quite unavailing after
all the delay undergone in
carrying it through

Then True in an imperfect manner manifested/to be executed as above or in
ever so compleat a manner see now what perils await
a suit, and how frequently it will happen to a suit the truth in
preparation for and expence of a trial to be rendered unavailing by any
one of a vast variety of accidents some natural, other factless.
Natural as the non appearance of some individual who should have appeared
in the character of a witness; factless the .
or every alldged performance of some this or that operation or the non-exhibition
or every exhibition of this or that written instrument.

Thereupon if the
substance of plaintiff allows
the cause is tried in record
time in order to know
whether it shall or shall not be
tried a third time
liable to the same accidents
as the first

Thereupon if the substance of the plaintiff is not exhausted
by the long time of groundless expence comes a notice for a new
trial: a notice on the occasion of which the case is tried a second
time, or put on a while by the evidence exhibition of evidence in the
universally acknowledged bad form — that of affidavit evidence so
that it may be determined whether or on it shall be tried a
third time, subject to the same accidents by which it first was
rendered fruitless.

Under the proposed
system no new trials
except appeals on account
of non-exhibition of
evidence or imputed
mismanagement of Judge

Now fo now to the proposed mode. For no such
procedure is that . No Fact can the occasion ever , unless
it be on account of the non exhibition of some piece of evidence
or some mismanagement imputed to the Judge in respect of the elicitation
of the evidence or proceedings grounded on it to the disappointed
a witness individual who whilst in the character of a party, or that of
an extraneous witness should have appeared fails of appearing: an
accident which was without blame to the individual or any other is capable of
being produced by any one of a variety of official causes. What follows?
External Circumstances are taken into account and as they appear to present
another day for his attendance is appointed. Suppose it were a case
in which after examination successfully had made after number of witnesses
separately examined, appearing for confirmation, a day is appointed
for that purpose. The greater the number of the individuals thus requiring
the greater will be the vexation: but the delay need will not in this
case be greater than in that other case.

Identifier: | JB/056/170/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	170	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C4
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18226
Box Contents