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15 April 1805
Evidence
Securities
Ch. Procedure Techn.
''. Allegation is Evidence
What is curious, is - this sort of information /All the[?] which/ /incontinent[?]/, which is considered as not amounting to evidence - as not trustworthy enough to deserve the name of evidence - this information which is never considered as professing any /capable of acting with/ weight in the scale of evidence - which is never so much as received with the budget of evidence - to this very species /sort/ of information such a degree of power /efficiency/ - of effective power - is given - such a degree as is not /scarce/ in any case given to the most trustworthy article /lot/ of evidence. In no instance no article of evidence at least of testimonial evidence is considered as commanding the decision prayed /demanded/ for by the party by whom it is produced /sought for by the production /exhibition/ of it/. In every instance Information of this sort here in question - allegation - I mean allegation which constitutes the ground work of the cause is understood to exercise an absolute command over the decision or decisions sought for by the production /exhibition/ of it: or else, what courses exactly to the same thing, the same effect is made to take place - the same chain of burthensome obligations by some /a/ pre-established system of arrangements established either/ whether/ by the legislator, or by jurisprudential law acting in the place and during the shape of the legislator, is known /imposed/ upon the adverse /opposite/ party - the defendant, as would be thrown upon him by a corresponding chain of decisions specially adapted to each particular purpose.
To defend /of defending/ himself against the demand made upon him by the instrument of allegation by which the suit is commenced, shall cost a man for example /the expence shall amount for example under the system in question to/ a year and a half; income of an average individual: such then is the amount of the pecuniary burthen which under that system every man is empowered to impose upon any other - upon every other - by that sort of information - bare allegation - which is not understood /regarded/ to be sufficiently trustworthy to bear the name of evidence.
Note
( ) Under English jurisprudence, the expence on one side only - that of the df t for example amounts at its minimum to more than the quantum above exemplified.
Similar Items
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Title: [23 April 1805 Evidence Securities]Description: 23 April 1805 Evidence Securities Ch. Procedure Technical ''. Allegation is Evidence In fact, and probably /surely/ not without design, under the technical system allegation is carefully distinguished from evidence. Call it evidence, it might in case of mendacity, be punished /stand exposed to punishment/: call it allegation - bare allegation, a pretence is found, crude as it is, for exempting it from punishment. View it in the true point of view, view it otherwise than through the medium of habit and prejudice, the appellation of evidence belongs to it with no less propriety in the one case than in the other. In point of utility there is no better reason in this one case than in the other why mendacity should go without punishment or without shame, why a certainty of success should be secured to its endeavours /its exertions/. /or why it should be crowned before hand by a /the/ certainty of success./ Yes: evidence it is in both cases. In both cases it /the one case as well as in the other, it/is even capable of appearing in all sorts of shapes from the most trustworthy down to the least /that which is least so/ trustworthy. So what is called allegation the original allegation of the party is it of the nature of makeshift evidence? is it for example no more than Hearsay evidence? Thus it may be and often is: though not necessarily: but of this sort may be that which is called evidence, and yet be received have its weight and a weight sufficient of itself to decide the cause. Is it self-serving? but so is that which is called evidence: yet this is not only received /admitted/, but on a thousand occasions, and under the established system, admitted to be conclusive. All that can be said is - that the allegations in a cause are very apt to be of the nature of Hearsay and other makeshift evidence, and that any may be accompanied with a just claim in cases where the witness the self-regarding witness the alleging party, has not been in a situation to add to such his transmitted evidence, any immediate evidence /testimony/ - any information derived from his own knowledge.
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Title: [15 April 1805 Evidence Securities]Description: 15 April 1805 Evidence Securities Ch. Procedure Technical ''. Allegation is Evidence Instead of 12 years' income propose to ground a decision bereaving the defendant, though it be but of 12 day's income, by a decision grounded on ex parte information in the shape and under the name of evidence, and under all the securities against falshood and deception that are regularly brought to bear upon whatever goes by the name of evidence, a man of law will /would/ stand aghast at the injustice: - bereave him of 365 times the amount or by a chain of decisions or preestablished arrangements having the effect of decisions, bereave him of 365 times the amount, on the ground of a bare allegation to which none of the securities against falshood and deception are suffered to apply, all this is perfectly right, consistent with the dictates of justice because consistent with the established course of judicature, and thence we are to understand of course, with the dictates of what goes by the name of justice. Whence this[?] inconsistence? Whence this unsurmountable /invincible/ scrupulosity in the one case, this boundless facility in the other? from this, that because the exposing a man in the way in question to the chance of being unduly bereaved of the value of 12 day's labour, would besides the discredit that it might reflect upon the operations /arrangements/ /administration/ of the man of law deprive him of the profit attached to the admission of evidence on that side. Whence this boundless facility in the other case? - From this, hat by /from/ his being dragged from the beginning to the end of the course of technical procedure bereaved of /out/ the value of 12 years' labour which has been squeezed out of him by the time that he has been dragged from the beginning to the end of a course of technical procedure, a great part, perhaps by far the greater part has been determined[?] by the multitudinous hands to feed the multitudinous mouths of the man of law. + Such then are the properties given to the [...?] /initiator/ of allegation - the instrument by which any man, as is [...?] given to it by any other man. be dragged through a suit at law. It is evidence, and it is not evidence: yes - evidence for the purpose of determining the fate of the adverse party, and with a degree of efficiency not allowed even to the strongest evidence: no. it is not evidence, to any such purpose as that of being subjected to any of the checks to which evidence is subjected.
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Title: [2 April 1805 Evidence Securities]Description: 2 April 1805 Evidence Securities Ch. Punishment The power of oppressing /oppression/ thus included in the [...?] mentioned thus given to parties thus given to allegations, is beyond measure more effective /more salutary to injustice, more fatal to justice/ than if given to testimony /testimonial [...?]/ given to witnesses in (viz: extraneous witnesses) and to parties in the character o f witnesses. By mendacious testimony, no point or [...?], any further than as it is believed /obtains evidence/: and being by the supposition mendacious /false/, the preponderant probability is that it will obtain evidence. gut that /in order that/ by means of these mendacious allegations a malâ fide suitor should gain his point, it is not necessary that the allegation should in the end have any the smallest chance of obtaining evidence. The object is to make the suit more as a certain length of way: viz: the length of way which in virtue of the pre-established order of things it travels of course in consequence of the exhibition of an allegation to that effect. This length of way it is sure to make: for the mother of this pre-established system - the Judge, for the purpose of holding himself warranted as subjecting the other party to take[?] the ulterior steps in question, the Judge, be the allegation ever so flagrantly mendacious is predetermined to take it for true /act as if it were true/ /believes it to be true/. or what comes to the same thing, to avoid seeing out the falsity of it, and to act in a manner in which /in point of justice and honesty/ he could not be warranted in acting, upon any other supposition than the certainty of its being true.
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