JB/047/253/001

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26 Decr 1811
Evidence

Insert Preappointed

(g) (f) [best shape] – In some instances, the wisd
upon evidence if it presents itself at its not to be had but
in its own shape, and as it were ready made; so
that all that the Judge has to do with it is to receive
it. Examples: – 1. Memorandums made for private use:
2. letters, after or before transmission: 3. things in general
in the character of sources of real evidence or a modification
of circumstantial evidence.

In other instances, the Judge has to extract it
himself, or, at any rate, may extract it if he pleases finds nothing
to hinder him from extracting it: he thus in which
case the shape in which it shall present itself depends
upon himself: interrogation being the chief instrument
employed in the extraction of it. According to the circumstances
in which it is received or extracted, great is the
variety of shapes, of which it will be found susceptible.

Before the art of writing came into use, personal testimony,
delivered to or extracted vivâ voce in the presence of the Judge,
presented the only shape in which personal tes evidence
could make its appearance. Since that period, pre-appointed
evidence (of which presently in the next place immediately) has presented another
sort of evidence of which the shape depends which,
as will be seen, received its shape from the hand of the legislator, or, in during
his sleep, from that the hand of the Judge.

Identifier: | JB/047/253/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-26	Marginal Summary Numbering	2g
Box	047	Main Headings	rationale of judicial evidence
Folio number	253	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5 / f39
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15121
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