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1828 July 21. E1
Jud
47
Interest of Judge that
evidence shd bear character
of truth:
1. It saved time & trouble
2. & created information for
discernment.
Now as to mendacity license. For In every
case in which whatever, by or on behalf was said on the occasion of the suit was
said by or on behalf of the parties was said in the way of evidence, as
above it was the interest of the Judge that as far as may
be it should bear on it the character and confine itself
within the path, of truth: for the more strictly it was confined
with less it wandered out of this path, the less would be the
quantity of his time and trouble consumed in hearing it [+] [+] this sort of discourse,
all of it, to himself
unprofitable besides
that which so far as nothing were to be got by receiving eliciting falshood
his reputation in respect of discernment would be served
by the capacity of grounding his decision on fact having true statements
to ground his decision upon rather than false.
48
Not so, with written
pleadings: here words may
be measured & fees extracted
accordingly, to this purpose
false as good as true allegations. Hence
pretext to be fund for admitting
said falsehoods.
Not so in the case of the abovementioned written
pleadings. These being expressed in writing in the variable
characters called words; here then is a quantity of matter
capa susceptible of measurement: and b with which alone
then it has undergone measurement, the quantity of remuneration
exacted under the name of fees need may be
made to receive encrease. To the purpose false allegations,
if received will serve just as well as true. Remains then
for the accomplishment of the profit yielding purpose the finding
a pretext as plausible as may be, for giving admission
to such false allegations of the probity of which can not but be
the Judge by whom they are received and acted upon, as if
true, can not but be conscious.
49
Pretext found in distinction
between demand and
evidence.
This pretext is furnished by the above mentioned
distinction between the instrument of demand and an instrument of evidence
between a demand made and testimony delivered in support
of it.
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Identifier: | JB/056/261/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-21 |
47-49 |
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056 |
Procedure Code |
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261 |
Jud |
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001 |
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Text sheet |
1 |
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recto |
C11 or C12 / C1 / F17 |
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B&M 1828 |
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Arthur Moore; Richard Doane |
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1828 |
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18317 |
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