date

17 June 1805 Evidence Introd
17 June 1805

Evidence

Introd

Ch. Procedure Technical

'. Ulterior Means

1. First resource for making business /First source of made business/. Superfluous Enquiries

Establishing with or without natural necessity or pretence and with or without application from either party, the factitious necessity, enquiry upon enquiry, in relation to the same facts, enquiry in a worse mode, before or after enquiry in a better mode. Exemplifications of this sort of ingenuity will be found in the body of this work +

2. Enquiry by one Judge, decision by another. Where by the personal examination and view of the parties and other witnesses the verdict[?] of the cause, and when such of them as may happen to be [...?] have had least time or no time at all to conceal or [...?] measures for concealing or disguising the truth, one Judge or set of Judges has obtained a better insight into the cause than can be obtained by any other, suffer not the decision to rest in his hands, but transfer it to those of some other Judge or set of Judges who know nothing of the cause but form the dead letter to which the minutes of the evidence have been consigned. In this head likewise, details and exemplifications on the body of this work +++. In the character of a father of a family, wishing to come at the truth and to do justice still [...?] or [...?] would be [...?] weak?

3. Irrelevant decisions. Decisions (with the previous arguments and other operations) on points foreign to the merits. That the business may be to be done over again: and the fees[?] repeated, manufacture pretences for declaring the proceedings null and void, on the ground of irregularity; whether /and these/ the rules to which they run counter have or have not been previously cognoscible. Of this more in a chapter appropriate to this head. ++

4. Countless Removals from Court to Court. Authorise or necessitate with or without application from the parties or from either party the removal of the cause from Court to Court, co-ordinate subordinate or superordinate, and with or without ultimate decision pronounced in the Court first applied. - [...?] and keep up the entanglement of jurisdiction as much as possible. Of this subject a particular view will be given in the Rationale of Procedure

 Here[?] in a chapter by itself?

Securities. English Law

++ Ch. Irrelevant decisions

Securities
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