JB_058_076.xml

Title: [8[?] May 1805 Evidence Introd]

Description: 8[?] May 1805

Evidence

Introd.

Ch.5. Collateral Incidental.

'.4. Vexation - Persons

'.4. - Persons liable to be affected by it.

Of the different actors in /several sorts of actors in/ the juridical drama /theatre/, mention has been already made: Judge and his official subordinates, party or parties, witnesses. For the present purpose say 1. Witnesses. 2. Parties: Party demandant Party defendant and add here[?] 3 Third persons. 4 Judge and his subordinates: 5. Professional assistants of the parties.

1. In the case /station[?]/ of a witness the following are the /seem the/ principal shapes in which the juridical vexation is apt to show itself: - [...?].

1. Trouble or Uneasiness and loss of time, by attendance, understand over and above any actual pecuniary expence, which belongs to a separate head: - Loss of time, which according to the situation and prospects[?] in life is as much as to say, loss of /in respect/ present pleasure, of future pleasure, of future security against evil or of the means of subsistence.

2. Trouble /Uneasiness/ and loss of time by journies, viz: to and from the place of examination: also, over and above any expence.

3. Disclosure of secrets: i.e. of facts the disclosure of which may in any way be it appear /threaten[?]/ to be injurious or prejudicial, in any particular way, either to the witness himself, or any other person, the object of whose suffering is, by sympathy rendered in a certain degree less[?]. Prejudicial? in what way? The division of offences - offences against individuals - will shew: - person, property, reputation, condition in life.+

For The vexation to /falling in the first instance upon/ the witness is any pecuniary indemnification /satisfaction/ afforded /administered/ to him by either party? If yes, and so far as the indemnity /satisfaction/ extends, or so far the vexation /burthen/ is taken off from the witness, converted into expence, and in that shape thrown[?] ultimately upon the party. As to what concerns journeys and attendance, this is what may be done and frequently is done: as to what concerns disclosure of secrets, it scarce ever is done, even in any degree, nor in an adequate degree can it easily be done, even where the innocence of the person thus vexed renders it desirable that it should be done. Happily this branch of vexation is but a casual one.

+ Introd. [...?] Dum.

JB_808_012.xml

Title: [1 May 1812 Evidence Introd]

Description: 1 May 1812

Evidence

Introd

Ch.17. Exclusion [...?]

5

§.7. $. Vexation by disclosure

Add here the case of Catholic confession

Exceptions to [...?][...?]

6. Where the nature of the transgression is such that the evil which it is liable to produce is produced wholly or principally by disclosure, then, in a seat or cause which has not for its direct object the bringing to light and inflicting punishment or exacting /and affording/ satisfaction as for such offence, the disclosure in question might not to be exacted.

Examples of this case, and on the whole, to no considerable extent, may it is supposed be found in that class of offences, in which the offence consists in gratification afforded in some way or other to the sexual appetite: such especially as when known become productive of disrepute to the individuals concerned, without being productive of evil in any determinate shape to any other assignable individuals.

7. In the case where on the one hand by non disclosure has for its certain or more or less probable consequence loss of satisfaction as for wrong or damage by non-receipt of /valuable/ service legally done,/by undue/ or subjection to burthensome obligations in any shape other than penal which on the other hand on the score of punishment or satisfaction as for wrong disclosures threatens to be productive, as above, of evil which but for such disclosure would more or less probably not be felt, it ought to be in the power of the Judge to pronounce what in his opinion is the /lesser/ greater of the two antagonizing evils, and decide accordingly.

[marginal note]

Communication made to a Catholic Priest by a Catholic in quality of his penitent communication /in the character in the way of confession/ being made [...?]. On the occasion /or for the purpose/ of a sin or crime je non [...?] or [...?] a Catholic priest to be compellable or [...?] to reveal any communication made to him as such in the way of confession [...?] to the right of the Catholic church?

059-252.xml

Title: [5 July 1804 Procedure & Evidence]

Description: 5 July 1804

Procedure & Evidence

Evils

2d order

'.3. 3. vexation 1. to plff

 This after expence?

7th /7th on the list of/ independent evils of the (-----) first class the ------- evil of vexation. Viz: to the parties to the cause, and to the plaintiff or demandant. (a)

The immediate causes or elements or causes.

1. Natural causes labour of mind and loss of time by steps necessary to be taken independently /exclusively/ of ----- additions by the party in question preparatory to or for the purpose of laying before the judge the grounds of the demand or the defence the full ------ of the party, will be the services demanded at the hands of the judge.

1. Attendance at the seat of judicature - and the several subordinate offices.

2. On the professional advisors and assistants - in case of any need, real or supposed, for such advice and assistance.

3. On the persons whose service is needed in the character of witnesses, or persons having the custody of real or written evidence /----- evidence/.

4. Arrangements (if any) necessary to be taken for securing the justiciability of the adverse party.

5. Arrangements (if any) necessary to be taken for securing the forthcomingness of the evidence - in its several modifications, corresponding to the several sources from which it is capable of being extracted. +

6. Journies to and from the places at which the several lists of services, ----- to the above objects are to /require to/ be rendered or applied for.

7. -----ity of ----, by reflection on the natural uncertainty of the cause and of the suit, and on the choice of the arrangements to be taken for the rendering of it favourable.

(a) Note (a) Depending upon the unstable structure of language the distinction between the object itself, and its cause or the several parts of it and its causes, will not always be altogether clear, or worth much expence of words, to render so. Warning of the want of clearness will in general be sufficient to prevent any such confusion as could lead to practical inconvenience.

The difference is no wider than that between the ---ial cause and the efficient

+ Reference --- to evidence.