JB/055/157/001

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1824. Jany. 31
Constitutional Procedure CodeCh. Evidence
§. Exclusions

After this, were it not for further illustration exemplification of the inconsistency, cases of exclusion on the single ground of
interestedness, contrasted with admission others were so
in which notwithstanding the evidence is admitted, might
be deemed superfluous. Ground Cause of exclusion on the
ground of interest. Subject matter of suit penalty
of a few shillings say of ten shillings given
Suit penal, subject matter some petty offence,
penalty say 10s: given disposal half to the informer to purchase
the evidence some other testimony his own standing
excluded being involved in the exclusionary system
other half nominally in words to the poor of the parish, in
effect to the pure taxable inhabitants in relief of so much
of the burthen of helping the poor from starving. Persons whose testimony stood excluded taxable inhabitants
of the Parish say two thousand all excluded from giving testimony
on the pursuers side. Excluded and why? because
of the perjury which the prospect of saving the two-thousandth
part of their ten shillings would have been
sure to produce, added to the certainty of its hav
producing a wrong decision at the hands of those to
whom it belongs to judge. A few years ago, this
by a statute made on purpose this one absurdity
at the instance of some person or other this or that great personage who had
found himself annoyed by it was done away but some
oth
of number are in swarms being carefully preserved.

Thus much for simple absurdity: comes
now for inconsistency. Suppose an estate in litigation: If it be the To a suit to which his father is a
smallest which the kingdom in existence. party the testimony of the heir apparent to it the smallest
estate in the kingdom, stands excluded if it be out of his fathers
power to prevent his succeeding to it stands excluded is inadmissible.
how minute so if let it be largest in existence, still so long as if it be in his fathers
power to prevent his succeeding to it, his testimony is inadmissible.

Identifier: | JB/055/157/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-01-31	Marginal Summary Numbering	2, 4
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	157	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D5 / E5
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17878
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