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1827. Novr.
Law Amendment
Propositions
Ch Procedure
§.1 beginning
6
Securities for verity
detailed elsewhere
For securing verity in evidence, in so far as depends upon
the will of him from whom it is directed, the nature of things affords
a variety of various stock of appropriate instruments and operation and instruments, which
to in various degrees of extent here ends all system of procedure
been employed. Of these a view endeavoured and supposed
to be all comprehensive has been given elsewhere; in the
it neither need nor can be repeated.
7
These securities the
means of coming at
the truth
Of these securities are composed in case the means of coming
at the truth of the case: the quality of matters of fact on which
the demand for giving in prayed to the plaintiff execution
and effect to the of or quarter
8
Means in all cases the
same
The Those means of coming at the truth are in all cases the
same. Whatsoever be the fact to be enquired into, the means best adapted
to the purpose of coming at the truth in relation to it are the
same. In any case this or that case the expense of the best means
of coming at most effectual means for obtaining it may be so great
that it is better it should be left unattained than attained at such
an expence: but by this incidental circumstance no difference
is made with respect to the aptitude of the means.
9
So in cases where evidence-holder
reluctant
On the part of a person also party or not party to the suit, is called upon to make a statement in
the character of a witness there may a reluctance as to the verity of the statement
if in relation to this is that matter of fact may have place; how
in this no such reluctance is there any cause of difference as
to the best mode of eliciting an appropriate statements and securing the
of them: for obtaining obtainment of the truth appropriate truth the method though
appropriate is the same in all cases.
10
System vitious where
Different judicatory for
different modes of elicitation
a vitious system
If this be so, every system of procedure by which a
sort of Judicatories differently named and organized are employed
for the elicitation of evidence coming at the truth in so many different classes of cases according to different modes of operation
can be otherwise than vitious: radically and effectually and
vitious, altogether unapt for its professed purpose: they these modes may, all these
modes be every one of them in different degrees unapt: apt mode in a perfect degree
more than one of them can not possibly be.
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Identifier: | JB/056/200/001"JB/" can not be assigned to a declared number type with value 56. |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18256 |
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