JB/031/186/001

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1828 Sept. 9
Blackstone

Ch. Judiciary [& Procedure]
(6) 2 (5) Actors & Functionaries
Prehensors
Prehenders — Defendant
yes Evidence holders
not

To obtain attendance of any
Evidence holder — if not likely
to come when called — prehensive
process necessary.

For the purposes some purpose of Justice, no matter what purpose in
particular, in some character of other, = that of party or that
of Witness, party on the Defendant's side (a) or on the Pursuer's side — Witness or other Evidence-holder, — need has place of the
attendance of the an individual, in the Justice Chamber, in the presence
of the Judge. This attendance — how shall it be brought about?
In every case, in that mode whatever it be which being effectual
is the leas least afflictive, says of course Law as it ought to
be. If there is no danger of his not coming al — coming of by the exercise given to his own lucre-maker family according to call,
give him the call, here is acceration made and the object will be accomplished. But
if circumstances are such, that in effect a call to come would
be but a notice to go off, here ends the efficiency and
consequently the aptitude of the accerative process — here instead
of it the need of the prehensive process takes place.

In case of a party — if
he thought by being in power
of Judge, made to undergo
same punishment.

The sort of cases in which to a man in the situation of party
a call to come would be a warning to go are manifest enough: in particular/in a word amongst
all those in which by placing himself in the presence and thence in
the physical power of the Judge, whether for with the pow effect of being
subjected to punishment, is that of compelled to make satisfaction, or that of being, in lieu of that burthen,
or in addition to it, the being subjected made to undergo punishment,
he would, in his own conception be placed in a worse plight by
obeying obedience to the call than by disobedience.

In case of witness, interest
often not inferior to a
party's.

Thus in the case of a party: but in the case of a witness
or other Evidence-holder, [the existence of] the same effect though
not quite so manifest is not the less incontestable. Widely and indefinitely extensive
extended is the aggregate of the cases in which, though he neither
is nor can be made a party, a man an individual has an interest, little or
nothing inferior in value or less effective than that of the parties:
and where self regarding interest has not place the social interest and the
antisocial interest — the interests of sympathy and antipathy are fully adequate to the production of the
same effects.

Note Evidence — is personal,
written or real.

Note (a)
According to Law as it ought to be, considering where evidence is considered
with reference to its source, three heads of it are [observable and] distinguishable,
personal, real, and written: personal that which is afforded by the discourse
of person, real that which is afforded by the state and appearance of things:
written, the discourse of persons, presented to view by objects (permanent signs
of discourse) belonging to the class of things. Evidence holder may surely be stiled
he who holds in his mind the information-yielding discourse needed, as he who has
has in his hand or in one of
his drawers, in a case of
homicide for example, the
bloody knife by which the
wound was given or the cast
leaver stained with the blood
which flowed from it, or the deed
or last will or the letter by which the title of the a party on one side or other to the thing in dispute is proved. Elections have their freeholders; Parishes their Householders; Pugilists
their Bottle-holders: why should not Parties litigant their Evidence-holders.

Identifier: | JB/031/186/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-09	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	186	Info in main headings field	blackstone
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9872
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