JB/047/251/001

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26 Decr 1811
Evidence

(a) for [to secure ..... forthcomingness] – Physical compulsion
– application of the matter of punishment –
application of the matter of reward – such are the means
by which, whether it be for the purpose of evidence
or for the purpose of justiciability (including what
in technical language is called execution) – if in the whether
it be on the part of things or persons – forthcomingness
is effected. But the it is to the subject of procedure –
judicial procedure not to the subject of evidence
that belong the operations which have for their objects
the production of those several effects. To the purpose in a work
of on the law of evidence, those effects are in general supposed to
be already accomplished: the evidence, or or the person or thing
in which it has its source is already forthcoming, and waits for nothing but the order of the Judge. The only case, in which
the evidence is here taken up at an any antecedent period, is
that of the sort of which affords room for the sort of evidence
that which presents itself brought to view at the end of this list
under the name appellation of pre-appointed evidence.

(c) [due regard] The regard here spoken of as due
consists in nothing neither more nor less than the observance of the simple
and most unobjectionable unexceptionable rule – Produce not a greater
evil in preference to a less. – For the application of this rule,
to the subject of evidence, see Chapter on Exclusion.

(b) [Collateral ends] viz. viz. prevention or avoidance
of the evils of delay, vexation and expence, in so far as unnecessary
or preponderant.

Identifier: | JB/047/251/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-26	Marginal Summary Numbering	2a, 2b, 2c
Box	047	Main Headings	rationale of judicial evidence
Folio number	251	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3 / f37
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15119
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