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1828 Aug. 20
Blackstone
Such being the rules and the professions, what accordingly
is the practice. To date it would accordingly require
and does accordingly occupy give occupation the matter of a volume:
and the result is that in one half half of the cases that
occurr those rules are observed, and in the other, no less
contentedly infringed.
To render this matter in any tolerable degree intelligible,
a distinction of which in the language of Law as it
is no traces none but the faintest and most obscure traces are scarcely anywhere perceptible must absolutely
be presented to the eye of the reader, and that is – a distinction
between a percipient witness and a narrating, or say
reporting, or testifying witness. By the term percipient witness
understand a person to whom whom the matter of fact in
question has happened to present itself: by the term narrating,
with its equivalent as above, a person, by whom
in a discourse addressed to, is designed for being to be eventually
made communication of to a Judge, a statement is made
in relation to that same matter of fact. When so it
happens, that the narrating witness is the same person with
the percipient witness, so much the better – so much the
more satisfactory: but numerous and extensive is
the class of cases, in which though the individual is well
properly received in the character of a narrating witness, this
identity neither has had, nor can have had place.
You who read this With reference to the existence of
this paper, you who read this are a percipient witness:
if having seen it, you step into the next room, and sense
an acquaintance there, you tell him of your having seen it,
you are, with in relation to him a narrating witness: if, afterwards
being by authority of a
Judge summoned to deliver
your testimony in relation
to it, you give in like
manner give the Judge
an account of what you
saw, you are in this
case also a rep narrating
witness: in the
first case an extrajudicially
in the last case a
judicially narrating witness.
† An eye witness: an ear-witness: here are two sources
separately mentioned: remain unmentioned the other three: though
by their perception is equally afforded: perception, and in relation to such
perception, .
Identifier: | JB/031/180/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-08-20 |
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031 |
civil code |
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180 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c2 / d7 / e7 |
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jeremy bentham |
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9866 |
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