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affidavit afforded altogether answer applied brought to view called cause CHAPTER character circumstances circumstantial considered correctness and completeness court court of equity deception decision defendant degree delay delivered dence deponent effect efficient cause employed ends of justice English law equity examination exclusion existence expense extracted extrajudicial extraneous witness false falsehood favour given ground hand happen improbability incorrectness individual instance instrument interrogation interrogatories judge judicatory judicature judicial jury lawyers legislator less mala fides mass matter of fact mendacity ment mischief misdecision mode moral motive nature necessary neral ness oath object occasion operation particular party perjury person persuasion plaintiff practice present principle probative force procedure produced punishment purpose question racter reason regard rendered respect Roman law Roman school rule sanction shape side sinister interest sort species supposed taken testi testimony things tion trustworthiness truth vexation viva voce word
Sivu 142 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Sivu 325 - ... much more the effect of use and practice. I do not deny that natural disposition may often give the first rise to it; but that never carries a man far without use and exercise, and it is practice alone that brings the powers of the mind as well as those of the body to their perfection.
Sivu 89 - The deposition of a party to an action pending in a court of record or of a person who expects to be a party to an action about to be brought in such a court...
Sivu 38 - Committee of the House of Commons, appointed to inquire into the Bankrupt Laws ; and i This and the two preceding motions were lost by large majorities.
Sivu 351 - On the other hand ; suppose the proceedings to be completely secret, and the -court, on the occasion, to consist of no more than a single judge, — that judge will be at once indolent and arbitrary: how corrupt soever his inclination may be, it will find no check, at any rate no tolerably efficient check, to oppose it. Without publicity, all other checks are insufficient : in comparison of publicity, all other checks are of small account. Recordation, appeal, whatever other institutions might present...
Sivu 238 - I was not writing a scientific treatise on politics, I was writing an argument for parliamentary reform." He treated Macaulay's argument as simply irrational; an attack upon the reasoning faculty; an example of the saying of Hobbes, that When reason is against a man, a man will be against reason.
Sivu 351 - Environed as he sees himself by a thousand eyes, contradiction, should he hazard a false tale, will seem ready to rise up in opposition to it from a thousand mouths. Many a known face, and every unknown countenance, presents to him a possible source of detection, from whence the truth he is struggling to suppress may, through some unsuspected connexion, burst forth to his confusion.
Sivu 393 - 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.
Sivu 312 - The perjuries, indeed," quoth he, " were sundry: one in the witnesses and compurgators ; another in the jury, compounded of clerks and laymen ; and of the third, the judge himself was not clear, all turning the solemn trial of truth by oath, into a ceremonious and formal lie.