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1823. Oct<hi rend="underline">r..</hi> 19
Constitutional Code. I. Enactive
Exposition Part
[Merely indicativeappropriate evidence] By appropriate evidence understand
such evidence as in so far as credited is fit to constitute
or help constitute the grounds of a decree in the question of
fact. See merely indicative evidence.
[merely indicative evidence] By merely indicative evidence
under stand such evidence as although credited would not
be fit to constitute the ground of the decision as the question of
fact nor acceptunless it be in certain particular cases which require to
be specified to help constitute such a ground: but which
may at the same time be relevant and more or less useful
by affording evidence of the existence of some other a certain piece of appropriate evidence
evidence which if existing forthcoming and credited would be fit constitute to be
conceived and or help constitution<add>a</add>by ground <add>of</add>the Judges decrees intended to in the character of appropriate
An example of a piece of appropriate evidence, is the
listening of a person percipient witness: that is to any of a
person who in relation to the fact in question declares that
at the time and place in question it was present to his sensing, in
so much that he had perception of it
An example of a piece of merely indication evidence
is all hearsay the sort of evidence evidence: the evidence given by a
person who declares that to the series ofonce upon a time with relation to the
fact in question a he heard certain other person so that other say - that
he the said other person was a percipient witness
By the same person, with relation to the same fact, and
increases the same time and place it may happen that evidence
of both kinds, appropriate and purelymerely indicative or delivered.
Testification by Auriters: that is appropriate evidence I heard Occulators say he saw the fact as
it took place. This is purely indicative merely hearsay evidence an:[+] Suppose Auriter
to add I moreover saw the fact takes place [+] evidence not fit to help
constitute, the grand of a
decree but more the less
altogether fit to be received
and acted upon in the
character of indicative evidence although with reference it to appropriate evidence it be merely end
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