★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
23 Novr 1811
Evidence Introd
Ch. 9 Ch. 10.
Of the reception and extraction of evidence; viz. with the
help of the above securities.
Reception Ch. 9
Of the Receipt and Extraction of Evidence viz. by the
the help of the above
§. 1. Of Oral Interrogation – notes with minutation or notation, – recordation or registration.
Reception and Extraction, by under these two words may
be present included all the several operations causes or modes in
operations by which, an article of evidence can find its way make its make way and present itself to the
faculties of the Judge.
If, on the presentation delivery and reception of the
article of evidence, not only the person by whom it
is delivered, but the Judge by whom or by under whose direction
it is received, and everybody else, is, with the saving the act exception of the acts just mentioned, purely passive,
reception is then presents itself as being in case the proper term.(a)
(a) As where, in the case of an article of ready-written or documentary
evidence, it is presented to the hands of the Judge, or delivered
in at an office: – or as if, in the case or orally delivered evidence, – (to mention a case easily conceivable, though seldom of but to a small extent ,
if at all exemplified in practice) – a statement be made, or a narrative
delivered, in both cases vivâ voce, – and thereupon a minute
of the transaction made or not made, no authoritative question being put to
the person by whom the is thus made or delivered evidence has
been thus delivered.
If, for the purpose of producing or assisting promoting
the deliver, of it any operation be performed, that
operation will be found to be an act of interrogation; and, extraction in so far as
or the name that may be given to it when no the case
any evidentiary discourse, that follows in the form of a response, is
the character of considered as the fruit or result produced by the otherwise
that of the operation, the operation may be termed extraction, and the
evidence thus obtained is may be said to be extracted.
Of reception as applied to evidence – of an operation so intrinsicly eminently simple – little, it is
manifest, will obvious, can naturally require to be said. of one
operation so compleatly eminently simple. On the subject Of extraction, – a business,
of no small slight complexity and difficulty, – a whole no small
task inconsiderable part of the work will unavoidably be expended.† † Book III.
Identifier: | JB/047/326/001 "JB/" can not be assigned to a declared number type with value 47.
|
|||
---|---|---|---|
1811-11-23 |
1-2, 1a |
||
047 |
rationale of judicial evidence |
||
326 |
evidence ch. 10 |
||
001 |
ch. 10 / of the reception and extraction of evidence; viz, with the help of the above securities / note (a) |
||
text sheet |
1 |
||
recto |
d1 / e1 / f112 |
||
jeremy bentham |
th 1806 |
||
andre morellet |
|||
1806 |
|||
15194 |
|||