JB/056/159/001

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1827. Octr. 17
Law Amendments.

2o
Propositions
§ Procedure

Beneficial effects
as to elicitation of truth

In every case whatsoever it be Beneficial effects, conducive to the elicitation of the truth
in every case possessed by this mode of procedure are the
following

1 It enables the Judge
to obtain essential evidence
otherwise unobtainable

1. By means of information not fit to enter of itself into
the composition of the mass of evidence constituting the ground
for definitive judgment, it enables the Judge to come at
and obtain such evidence in that respect fit, as without it would
not be obtainable: from information the statement made for example afforded by a party
who was not in relation to the p matter of fact in question a principal
witness information of a person who in relation to that same
matter of fact was a principal witness: thus through distinguishable
channels in any number tracing a current of information evidence up
to its source to the fountain head.

No such faculty
afforded by Common
law Procedure

No such faculty is afforded in and by the mode of
procedure in use in any of the great Courts of Common Law

nor by Equity procedure

No such faculty is afforded in and by any of the
mode of procedure in use in the Equity Courts

nor by Roman law
Courts procedure

No such faculty is afforded in and by the mode of
procedure in use in any of the Courts the procedure of which
is derived from the antient Roman Law — that is to say — the
Admiralty Courts and the Ecclesiastical Courts.

Usefulness of this
faculty not dependant on
the name of the Judicature
alike useful in all

It will scarcely be maintained that the usefulness of
this faculty depends upon the name that happens to have been
given to the judicatories by which it is possessed and the Judicatories
by which it is not possessed: and that which its ab or that of
and of its is unquestionable utility in civil penal case cases of the highest importance as in the case of pleas
well as in cases penal or civil of the slightest lowest degree of importance
or the case of an information before a single Justice for an offence
punishable with a shilling fine, or a claim for of compensation in cases
in which a mass of property to any amount may be at stake, or
in a suit at Common Law or Equity.

Identifier: | JB/056/159/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	159	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18215
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