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1824. Feby. 10
Constitutional Procedure Code.Ch. Costs
Evil 6. The evidence liable to be treacherous:
for the purpose of entrapping the party into a disastrous suit,
friends to the made of acts horrible on the unauthoritative extrajudicial examination
hostile in the authoritative judicial examination before the Judge.
A percipient or supposed percipient witness
whose testimony if correctly delivered would be unfavorable adverse
to the party applying for it, or immaterial suppose
him hostile in his affections hostile, and that to in
such a sort as to embrace with pleasure satisfaction the opportunity
of inflicting on him the injury of an unsuccessful
and expensive suit. The system under which
the Attorney acts – for the established is here the system
supposed affords him the means of giving effect to
thus treachery with the most perfect safety. When During
his examination examined by the Attorney he gives whatever statements
are in his mind view of the matter best calculated to encourage the
party in persevering in his claim, without being so far
wide of the truth as to render the falshood palpable
in to the eye of the Attorney intentional and those with whom he will it may happen to him to hold communication palpable. They are at
the same time essential false: but in respect of the
falshood how so ever may be consequence
of it, he incurs not at he hands of the law he incurrs not any the
smallest danger. Why? because it is not upon oath,
and to falshood when in testimony so long as it is not upon oath
the law attaches such is its morality, attaches not
any the slightest punishment or check in any other shape.
Where one At the hearing when in the presence of the deciding
Judge or of any other person with to whom the Judge has imparted
a portion of this authority for the purpose of collecting
the evidence, the traitor says nothing but what is true: and
for it is by this truth that his treachery is circumvented.
The pursuer loses his
cause: and has costs
to pay on both sides.
Identifier: | JB/055/307/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-02-10 |
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055 |
Constitutional Code; Procedure Code |
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307 |
Procedure Code |
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001 |
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Text sheet |
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recto |
D19 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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18028 |
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