JB/056/219/001

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1827. Novr. 4
Law Amendment.

ult
Propositions
Ch. Procedure
§. After Application & Suits
Evidence-elicitation
Existing System.

4
Under existing system
charge of ferreting out
evidence committed
to Attorney

Turn now to the existing system Abandoned by the Judge whose pow appropriate powers
are ample adequate the task charge of ferreting out evidence is as if
studiously, committed to the party's Attorney who has cause
Now, that is to say for securing either the of evidence, is the
veracity of any which is delivered. But, for inflicting in person
in number unlimited vexation to an amount unlimited, in pretence
of the exaction extraction of evidence, persons alike

5
Evils attending on
evidence elicitation
by lawyers

Behold now the well paid lawyer setting forth beating the bush
on his expedition
in quest of evidence. So far as the game are willing to
visit the net, no difficulty no difficulty does he encounter so far as they are
willing or at any rate not adverse. But, whether adverse willing indifferent
or adverse then is more than it is possible to be sure of,
more than it he is sometimes able so much as to conjecture
Hard indeed is the lot of that unhappy to whom fortune to whose lawyer or
corruption has opposed an adverse witness adequately informed of the
with means, nor can any be more sure, with which
the existing system, has provided him for inflicting loss to an unlimited extent, no disappointment
in proportionate bitterness on the object of his ,? His testimony
is it "number of necessity? necessary in such sort that
without it, success would be plainly impossible or hopeless? To
to divest that of divesting the party of his right, or to add to that loss the
exp amount of the costs on both sides, are the two gratifications
which court has choice. If the injustice will him
he remains : if nothing less than the he
a whole being in itself itself false would the applicants
purpose if it were would if true crown with success the
applicants wishes and exertions: will any degree of success.
The Law, therefore comes in the trial; and the result is already
viable. the testimony given out of court it is all false: but
being given out of court given without oath, punishment attached
upon it there is none: the testimony is true: and being
upon oath is believed to be so: but being either
favourable to the party, or what comes to the same thing not
not sufficiently favourable,
obtains produces though true
all the effect that could
be wished from false.

Identifier: | JB/056/219/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-04	Marginal Summary Numbering	4-5
Box	056	Main Headings	Law Amendment
Folio number	219	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C7 / C6 / E2?
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18275
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