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23 Novr 1811
Evidence Introd
Be the evidence thus received extracted what it may,
it would lose much of its eventual use, and of any decision that
grounded on it, the chance would be on of its being confirmable
to the ends of judicature justice would be very precarious,
if, in the article of permanence in the operations event of its being, in the opinion of the a party
on either side, worth the trouble and expence, it were
not capable of being in respect of the article permanence, put upon
the footing of ready-written evidence.
Hence comes the demand for registration or recordation – both the two
words being considered as synonymous, and taken in the large and
simple sense thus
indicated, and
not perplexed and narrowed by
technical restrictions.
Hence again, on the
present occasion the
demand for Minutation
or notation – the mass
on the present occasion, the
necessarily antecedent operation,
by which the matter
for registration must be
supplied.
To the Judge, for the purpose of occasional recollection
– against the Judge, in the case of incidental misconduct, or misdecision,
if accompanied with Chance – and in both ways, be and for the benefit of the parties
on both sides of the cause, and more especially on
that side which is most in the right – be in some cases,
to the parties eventually concerned in future contingent suits in which the it
may happen to the same matter of fact to come, any part of it, into question, –
some matter of fact is liable or to parties, who to whom, but for the evidence thus preserved,
it might happen to find themselves under the necessity
of endeavouring to establish this same matter of fact, and,
to that purpose, to engage in a contest which by this
means is prevented – lastly, to the legislator, in respect
of the ground, which in the a class of cause that case of admission given, as hereinafter
hereinafter be described proposed, to suspicious evidence he may, by such evidence observation taken of its nature and result, find himself in a condition, on the most substantial grounds to pronounce a judgement to give conformation of approbation or disapprobation to such any rules, to which on this behalf he may have thought fit to give a provisional acceptance, or to substitute other rules in be
by powers helped to form his thus decree obtain for being satisfied
with the certain laid down by him in respect of relation to
evidence, or for departing abrogating substituting other rules in
their – in all these ways, the transformation, or oral
into written evidence, will be seen to have, in many cases in cases
to an indefinite extent, – its use. Notation or say Minutation
– followed by Recordation or say Registration are
the operations of the by which this transformation is effected.
Identifier: | JB/047/329/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-11-23 |
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047 |
rationale of judicial evidence |
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329 |
evidence |
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001 |
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text sheet |
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recto |
d4 / e4 / f115 |
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jeremy bentham |
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15197 |
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