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1824. Jany. 31
Constitutional Procedure CodeCh. Evidence
§. Exclusions
1825 July 3
Marginals copied, Text not revised
§. Hitherto established exclusionary rules.
Exclusionary rules in a shape so shaped as to be
the direct opposites of the arrangements here proposed
arrangements are among the rules which hitherto to a
greater or less extent have had place and continue
to have place in all established codes of procedure.
Infinite are the derivations between one is in this respect as
between one political government community and another. If a A sample
as in be wished for a more instructive one can not
anywhere be found than that which is afforded by English practice.
Were they to be observed It is by the breach of them not by
the observance that society is held together: by the observation
were it but consistent, it would be dissolved.
Interest Interestedness in a vast variety of shapes is by so
many particular rules laid down no one cause of exclusion,
improbity as evidenced by particpation in crimes of
various descriptions as another. Now as to consistency.
Among the persons to whom the exclusion does not extend
note the following. In a suit for murder in prosecution
of a scheme of depredation pursued by nocturnal house-breaking,
the death the punishment: witness whose evidence testimony has been
received, and without support from any other evidence has
produced conviction and punishment, a self-confessed accomplice,
whose evidence has been purchased by persons
of a reward in a pecuniary shape to the amount of £1,000
in addition to impunity, on condition of its procuring the
conviction and not otherwise: destruction of life the consequence
of his testimony, if to that effect injuriously false.
Behold here interest and improbity both conjoined both
each cause of exclusion maximized, both conjoined
yet no exclusion follows. Similar arrangements are every
days practice.
Thus it is that where the ground for the exclusion of it had any
would be at its height at its maximum it has no place.
Identifier: | JB/055/156/001"JB/" can not be assigned to a declared number type with value 55. |
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