JB/056/270/001

Click Here To Edit

1828 July 25
Jud

Preface
Equity procedure

70 or 18
In Affidavit no cross
examination — instrument
drawn up by mendacity
proficient.

To evidence in this shape the So-help-you-God
on the part one part and the kept in the book on the other is
uniformly made necessary: the check applied to mendacity
by adverse interrogation being here altogether wanting, and
the instrument drawn up by men who by profession are
proficient in the art of profitable and safe mendacity, the
consequence is — so many affidavits so many swarms of
perjuries.

71. or 19
For these lies — prosecution
for perjury. Expence of
prosecution 1/15 of of people not scarcely
able to bear.

True it is that by the supposed and actually and
universally applied everlasting eternal punishment for each of these
lies a temporal punishment of a temporal nature persistent
as for perjury as above is denounced by Common
Law practice. But, on the other hand against the application of this every
attempt to make application of this supposed temporal
remedy, a penalty of no small severity is denounced:
denounced by this same practice. This penalty is composed
of the costs of prosecution the amount of which will at the
least be greater than such as not one tenth nor one
of the perhaps one fiftieth of the whole population of
England are unable to expend on it: and whether by the
non employment care taken not to make use of the word forfeiture and its equivalent
any considerable abatement and what deduction is made from the efficiency
of the penalty, may be left for consideration one may judge — [the reader
will determine.]

72 or 20
For quality of affidavit
evidence, see Rationale.

As to the degree, absolute and comparative, of appropriate aptitude possessed,
and security respectively afforded by affidavit evidence and evidence
elicited by interrogation secretly administered, reference
may also be made to the Rationale of Evidence.

Conclusion
To p. 9

82. or 30
In general mode of proceeding
conducive in highest
degree to ends of judicature
not of justice

In conclusion the higher the degree in which in so far as in
the mode of proceeding is in general, and in particular so far as regards the
shape in which as above the evidence is elicited, unapt far from being apt,
to the being subservient to interest of the party who is in the right, and in a word
to the conducive to the attainment of the ends of justice, the higher is the degree
degree in which it is conducive
to the augmentation
of the aggregate mass of fees
and thence to the attainment
of the actual ends of judicature.

And thus not only of the
origin, but of the general character of the system of judicature pursued in England, so far as regards the Superior Courts of Common Law and Equity, some tolerably clear conception
has, it is hoped, been afforded.

Identifier: | JB/056/270/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	70 or 18 - 71 or 19, 82 or 30
Box	056	Main Headings	Procedure Code
Folio number	270	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C8
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18326
Box Contents