31 Jan y 1805

Evidence

Securities

Ch. Engl. Summary

''.2. Justices

''.2. Procedure before Justices of the Peace, out of General Sessions

Summary procedure. N o 2. Procedure before Justices of the peace, acting singly, or in the number of two or more, out of Sessions: - in causes in respect of which they profess definitive jurisdiction as well as preparative[?].

In the respect in question /to evidence/ this modification of summary procedure is nearly though not altogether upon a [...?] in point of perfection with the former. Nearly: because here justice not plunder by color[?] of justice having been the main object, the legislator acting, under the spur of public necessity /especially in pursuit of the ends of finance/, and by the light of common sense, without the advice and in despite of the resistance of his customary guides, has been himself the author. Nearly, not altogether: because here, it not having been practicable without still greater mischief to [.../] the business altogether form the cognizance of the man of law, the course of natural justice in this respect could not be preserved altogether from that disturbance /being distorted in some parts /here and there/ by scientific prejudice/, which it is sure to receive from technical prejudice

The principal disturbance however is of a sort which belongs not to the present head. It belongs to the head of Exclusion, and will be explained in detail in the book appropriated to that subject. It consists in the refusal to hear any man who knows any thing about the matter, upon any other terms /conditions/ than that of his acting without a motive.