Rationale of judicial evidence, specially applied to English practice, from the MSS. of J. Bentham [ed. by J.S. Mill]. (Google eBook)

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1827
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Page 563 - And be it further enacted, that after six months passed after the speaking of the pretended testamentary words, no testimony shall be received to prove any will nuncupative, except the said testimony, or the substance thereof, were committed to writing within six days after the making of the said will.
Page 149 - ... really believed to be mendacious, the more suitable, or rather the only suitable course is to forbear to express the impression he has inspired. Supposing his tale clear of suspicion, the witness runs on his course with fluency till he is entangled in some irretrievable contradiction, at variance with other parts of his own story, or with facts notorious in themselves, or established by proofs from other sources.
Page 149 - I say a bond fide witness ; for in the case of a witness who, by an adverse interrogator, is really looked upon as dishonest, this is not the proper course, nor is it taken with him. For bringing to light the falsehood of a witness really believed to be mendacious, the more suitable, or rather the only suitable course is to forbear to express the impression he has inspired. Supposing his tale clear of suspicion, the witness...
Page 568 - Court, till fourteen Days at the least after the Decease of the Testator be fully expired; (2) nor shall any Nuncupative Will be at any Time received to be proved, unless Process have first issued to call in the Widow, or next of Kindred to the Deceased, to the End they may contest the same, if they please.
Page 62 - That when a witness produced and examined in a criminal proceeding by a prosecutor disclaims all knowledge of any matter so interrogated, it is not competent for such prosecutor to pursue such examination, by proposing a question containing the particulars of an answer supposed to have been made by such witness before a committee of the HouijC of Commons, or in any other place ; and by demanding of him whether the particulars so suggested were not the answers he had so made.
Page 122 - ... est [an incident natural enough, or it would not have been provided for,] an action will lie for a false return [an action, suppose, against a judge or judges of the King's Bench; but before whom? Themselves? or their subordinates of the Common Pleas ?] and, thereupon, the surmise will be tried, and if found to be so, damages will be given; and upon such a recovery, a peremptory writ commanding the same.
Page 48 - Court may deem it right to relax the rule against leading questions, and allow the examination in chief to assume something of the form of a cross-examination.
Page 387 - King, and for the excommunication before a prelate, that penance corporal may be enjoined ; which if the offender will redeem of his own good will, by giving money to the prelate, or to the party grieved, it shall be required before the prelate and the King's prohibition shall not lie.
Page 62 - ... competent for such prosecutor to pursue such examination, by proposing a question containing the particulars of an answer supposed to have been made by such witness before a committee of the House of Commons, or in any other place, and by demanding of him whether the particulars so suggested were not the answer he had so made ? 1788, February 29.
Page 221 - ... 725 et seq. The first is universally accepted as a proper method of showing the recollection of a witness, and we need not discuss it. The second is also generally permitted, although obviously this method is subject to much abuse for, as was said by Bentham in his Rationale of Judicial Evidence: "If on the part of the witness the testimony be the product of the imagination, instead of the memory, incorrectness is, in so far, the quality given to it. If, for want of such helps which on the...

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