PUBLISHED BY HUNT AND CLARKE,

YORK STREET, COVENT GARDEN.

MDCCCXXVII.

LONDON:

PRINTED BY C. H. REYNELL, BROAD STREET, GOLDEN SQUARE.

350

35018
B48

CONTENTS

OF

THE FIFTH VOLUME.

BOOK IX.

ON EXCLUSION OF EVIDENCE.

PART III.

VIEW OF THE CASES IN WHICH EVIDENCE HAS IMPROPERLY

BEEN EXCLUDED ON THE GROUND OF DANGER OF

DECEPTION.

CHAPTER I.

Cases enumerated.-p. 1.

CHAPTER II.

Danger of deception not a proper ground for exclusion of

evidence.

SECT. I. Exclusion of evidence no security against mis-

decision.-p. 9.

SECT. II. Probable source of this branch of the exclusion-

ary system-Its inconsistencies. p. 24.

-

VOL. V.

b

CHAPTER III.

Impropriety of exclusion on the ground of interest.

SECT. II.

Interest in general not a proper ground of exclu-

p. 34.

Peculiar impropriety of exclusion on the ground

of pecuniary interest; and absurdities of English law under

this head. p. 47.

-

SECT. III. Exceptions to the exclusionary rule in English

law. Reasons of the exceptions, subversive of the general

rule. — p. 59.

-

CHAPTER IV.

Impropriety of exclusion on the ground of improbity.

SECT. I.

sion.

-

Convicted perjury an improper ground of exclu-

p. 78.

SECT. II.-Inconsistencies of English law under this head.

-p. 88.

SECT. III.-Improbity in other shapes an improper ground

of exclusion.-p. 97.

SECT. IV. If exclusion on the ground of convicted men-

dacity were justifiable, English lawyers and judges should

be excluded.-p. 108.

CHAPTER V.

Impropriety of exclusion on the ground of religious

opinions.

SECT. I.-Atheism, an improper ground of exclusion.-p. 125.

SECT. II.-Cacotheism, or bad religion, an improper ground

of exclusion.-p. 134.