058-324.xml

Title: [12 April 1805 Evidence Securities]

Description: 12 April 1805

Evidence

Securities

Ch. Procedure Technical

''.3 Objects ulterior

Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.

058-335.xml

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.

058-337.xml

Title: [6 April 1805 Evidence Securities]

Description: 6 April 1805

Evidence

Securities

Ch. Procedure Technical

''. Allegation is Evidence

So far as /concerns/ matter of fact is concerned whatever is or can be said by or on behalf of any party litigant, whether as of his own knowledge, or not as of his own knowledge, is still in its nature a mass or lot of evidence: if as of his own knowledge the more ordinary kind of evidence immediate evidence: if not as of his own knowledge, it is still evidence, though belonging to the head of makeshift, say for example Hearsay evidence.

The Plf is a shopkeeper. The defendant he says had goods without paying for them to the value of twenty days labour out of his ship: it is for this that he demands payment It was by the Plff above no other person knowing any thing about the matter that the goods were delivered, and so the Plff says in his allegation says, the evidence thus delivered by the Plff is immediate evidence: if it was by several of the Plff's, the plaintiff not professing to know any thing about the matter but from the report of the servant, the evidence given by the Plff in and by his allegation /the demand[?], whereby he alleges the existence/ of the cause of action, the evidence thus delivered by him is of the nature of makeshift - of Hearsay evidence.

in this case what he can not say and say with truth is that he knows the existence of the fact /is known to him/ of his own knowledge: - what he can say, and mendacity apart can say with truth, is - that the existence of the fact though not known by him of his own knowledge, is believed. If not believing it, he says that he believes it, if without oath, he is a liar: if under oath, a perjurer.