1
results found in
29 ms
Page 1
of 1
21 Sept 1803
Evidence
Instructions
Considerations
1. Interests in general
Situations
If, in the instance of each senior relation, the legal power /authority/ annexed to the condition of Guardian should have cause to be superadded to the natural bond of attachment and partiality constituted by natural relationship, an attachment a partiality which otherwise would otherwise have been the weaker may in virtue of this reinforcement become the stronger. Invested thus with the authority of a father, the /an/ uncle may be a personage of more importance in the eyes of a niece, than was her Grandmother on the same or the other side /either side/: the /an/ aunt to her niece, or even her nephew, than either the grandfather on either side, and so on without end.
Even in the case of that source o conjecture /inference/ the conclusions derivable from it amy be disturbed by the circumstance of unity of abode. If the abode /house/ of the guardian relation be the abode of the ward, then the /this/ cause of disturbance has no place. But if the ward has for his or her ordinary abode the house of some other near relation, while the personal intercourse with the guardian relation is infrequent or altogether wanting, the truth of any inference pronouncing superior strength of partiality from the mere circumstance of guardianship must be manifestly precarious.
Similar Items
-
Title: [20 Sept 1803 Evidence Instructions]Description: 20 Sept 1803 Evidence Instructions Considerations 1. Interests in General Situations 7. The same assemblage of interests that /A group of interests the same in specie as those which/ on the part of the child are produced by the relation between parent and child will on this same part be produced by the relation subsisting between the child and any of these other kindred who after the decease of the parent or even during his life time may be considered as a sort of substitute, or representative of the parent: the Grand father and Grand mother; the Uncle or Aunt; the elder Brother or Sister; and so on. To each of these relationships is /are/ attached a groupe of interests, and therefore of causes of partiality, the same in specie the same as those which attach on the relationship between Parent and Child varying only in degree. As far as can be judged /conjectured/ of by general rules, the interest will naturally be regarded as less and less strong - the cause of partiality consequently less and less efficient /powerful/, the more remote the relationship, the further off the superior relative /junior relative/ who represents the parent is removed in the line of natural relationship from the person he thus represents. This criterion however, which in the character of a general criterion is as otherwise good than inasmuch as the nature of things does not afford a better, is liable in each particular instance to be rendered incorrect and if blindly adopted fallacious by an endless variety of particular causes. Between the Vice-parent and the Vice-child (if the expression may be allowed) the connection will be stronger after the decease of the parent than during his or her life: why? because the frequency of the occasions which the junior relative may have for the particular services of the senior relative will naturally be rendered more frequent /encreased/ by the removal of him whose protection would otherwise have been the recourse in the first instance /course could naturally have been had in the first instance/. Identity of sex is another circumstance by which justness of any inference deduced from the mere circumstance of proximity /priority/ in the line of relationship would be liable to be disturbed. Age in the instance of both parties but especially in that of the junior relation the child is another. Both parents dead, to the child during infancy the services of a Grand mother of either side may for a time be more immediately useful, whichever be the sex of the child, than those of a Grand parent of the other sex. As the child advances in that career in which the difference between sex and sex grows every day wider services of a Grandparent of his own sex will be more and more valuable in comparison of those of the opposite sex. But by the infinite diversity, of variations of which the inferior circumstances of families is susceptible in respect of occupation, habit of life, and pecuniary wants and pecuniary means, the operation of even these causes of disturbances is susceptible of a vast variety of a disturbance.
-
Title: [21 Sept. 1803 Evidence Instructions]Description: 21 Sept. 1803 Evidence Instructions Considerations 1. Interest in general Situations Opposition Thus much for the case where the groups of naturally associated interests are supposed to be all in alliance and all clubbing[?] their respective influences in the character of causes of partiality, on the same side. but all families are liable to have their dissentions /become theatres//seats/of dissention: and by every instance of dissention one or more of these naturally associated and conjointly-acting interests may come to be thrown out of the groupe. The inference from relationship /connection/, natural or civil, permanent or casual, to partiality will be still more /appear still more plainly/ to be in fault when the circle of the same family includes both parties in the cause. The affections and thence the testimony of A witness may in this case be drawn towards the cause /side/ of the plaintiff by one species of interest; towards that of the defendant by another: towards the one by pecuniary interest; towards the other by sympathy and good will: or even to each by an interest of the same species, and in a degree not altogether susceptible /indeterminate/ of liquidation in either case: to each by expectations of pecuniary benefit, to a value on one side or on both altogether unsusceptible of liquidation. What /A consideration/ in all these cases is manifest even to the most superficial glance, is how inconsiderable and infallibly inefficient a cause of bias and partiality the expectation /assurance/of this or that certain but limited sum expectant upon the want of a cause - upon the determination of it in favour of this or that one of the parties say the plaintiff must frequently be, in comparison of the opposite interest created by the apprehension of forfeiting /losing/ the good will of the other party in the same cause, when upon that good will depends a train of services till then counted upon as certain, to a value some number of times greater than that of the money gained. A point sufficiently manifest in this case is that of presumption of partiality as deduced from interest, even pecuniary interest, were there no other species of interest, were a proper ground not merely fro placing a watchful eye upon the testimony of the witness but for shutting the door against it altogether, it is rather on the side of the defendant than on the side of the plaintiff that testimony so circumstanced should be forbidden to be produced.
-
Title: [1820 June 21 Emancipation Spanish]Description: 1820 June 21 Emancipation Spanish '.6. Creoles repugnant Appeal Note that among the most important causes, whether penal or non- penal /or penal/ are coincident[?], are those that are not susceptible of valuation in money. In non-penal cases take for instance those which regard condition in life: the question - who is or is not husband or wife to such or such a person, son, daughter, nephew, neice &c. /ward, guardian/ for the purpose of inheritance or any other purpose. In penal cases, every person who is condemned to capital punishment, or to any punishment approaching in severity to capital, will appeal of course Is the appeal to be allowed? Then that punishment the infliction of which is regarded as necessary to the prevention of crime rendered more or less uncertain, and at the best removed to an indefinite distance. Is the appeal in these cases to be disallowed? Then with consistency subject the parties to all this delay vexation and expense in cases of inferior importance, when you think it too great for cases of superior importance?
1
results found.
Page 1
of 1