JB/052/398/001

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1825. Feby
Procedure Code

+
☞ March 12 Corrected
all these Notes Ch. VIII
(1 §. Pursuers Demand Paper A

Notes to Demand Paper A.

Notes to Demand
Paper
1
Queries which pursuer
will have to put to
himself
1 as to personal evidence
2 as to real evidence

(a) Sources of [Evidence] On rights to the Evidence that which will have to
be addressed, will depend the belief of the Judge in affirmance
of the existence of the Collative fact or facts of which the applicant
like on the ground of fact to the services demanded by
him is composed. In relation to this same evidence the putting among the
in the questions which the in that view the Pursuer with
will have had to put to himself; and which, in so far
as he has failed so to put them to himself the Judge will have
to put to him, are the following —

1. Questions as to personal evidence. What person or
persons are looked to as able and willing willing or capable of being lawfully
made willing to in quality of testifiers to prove the existence
of the collative fact or facts? [|] [|] 1In particular The applicant or
applicants [2] 2 The proposed
Defendant or Defendants
3 or su any other person
or persons? or any
minor assemblage, composed of out
of the three sorts of
testifiers, witnesses the
two first with no such
case be litigant, its others
extraneous testifiers or
narrating witnesses The applicant or applicants above ? or some
the proposed defendant or defendants alone? or some
and what person or persons other than the applicants?
and defendants: or the applicant or applicants, and together with some
the defendant or defendants, and some person or person other than the applicant or applicants?

2. Questions as to real evidence 1. Persons To wit, as to any
real evidence state of things, unmoveable or moveable to to which may happen to have be capable
of operating in the character of evidence, in proof or explanation
of the a collative fact. The things, what and where Present possessors or keepers who?
In particular the applicant or applicants, defendant or defendants — or third
persons, as above N.B. Note that In respect of the any appearance his body
exhibits, a person may as well as a thing constitute a source
of real evidence: a person for example on whose body the mark of a wound or bruise are is visible

3. Questions as to written evidence. Written evidence
is a sort of compound evidence composed of personal
and real evidence To the question of who the persons are
of whose discourse the writing is composed, will accordingly be to
be added the question who the persons are in whose possession
or keeping the portions of discourse in question are.

N.B. Of this note of the subject of evidence the matter
will be seen to apply not less to the present Demand Paper A than to
all the several others.

Identifier: | JB/052/398/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02	Marginal Summary Numbering	1
Box	052	Main Headings	procedure code
Folio number	398	Info in main headings field	procedure code
Image	001	Titles	notes to demand paper a
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections	john flowerdew colls	Paper Produced in Year	1824
Notes public		ID Number	17071
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