JB/047/210/001

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1805
Evidence

☞ Not much use to be made of this.

The questions that belong Questions referable to the head of appropriate evidence
are questions that properly speaking in fact do not belong to the head of evidence
nor to any other part of the adjective branch of law branch of the law of procedure, but to the
substantive branch. They are themselves all grounded on on all arise out of the inadequateness
of the expression given to some article of that part of the law. Sometimes
perhaps, but very rarely, in a very few comparatively small number of instances in the indeterminate pursuing of
some article of statute law: much oftener in that absolute
want of determinate fixt tenor which is the characteristic property of jurisprudential
law.

The Plff gives in delivers his declaration: he produces his evidence,
and the question is whether the evidence is apposite to the terms of the declaration:
whether the declaration is supported by finds a pertinent support in the evidence.

The Def. delivers in his plea: he produces his evidence,
and the question is whether the evidence is apposite with relation
to the terms of his plea: whether the plea has received an finds a
pertinent support in the evidence.

In most if not all of the cases instances in which the evidence is adjudged
insufficient to support the declaration, it is not that the Plff
has not by his evidence made out a good title, but that he
has not made out such a title as ought to be regarded as
being announced by by the terms of his declaration.

But for what reason require that the title proved established by
the evidence should be the exact title announced by the declaration?
For this reason – viz: because if not, the defendant adverse party has not
perhaps received sufficient notice of the evidence that is to be
produced against him: such notice, as may enabled him, if the
means are in his power, to come prepared to contest the evidence.

Identifier: | JB/047/210/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-10	Marginal Summary Numbering	1-3
Box	047	Main Headings	evidence
Folio number	210	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	15078
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