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1825. May July 3
Procedure CodeCh. Evidence
§. Why and how far needed
Art. In either of these cases the Judge
is by the lights within him in pronouncing an opinion in relation to the
matter of fact in question without any special evidence
from without: and if the fact in question be sufficient to
form a ground for the decree, he is warranted in grounding
upon it a decree.
But over and with and in some sort are the Judge sits by its Committee
in the Judicatory the Public Opinion Tribunal: and over him
and at a distance sits the Judge of the Appellate Judicatory
by whom is decree is founded on the fact in question may be
reversed or modified. Accordingly
1. Whatsoever perception it has happened to him to have
received on the fact in question the Judge stands bound to
state in open judicatory in the same manner as any other
witness.
2. He may accordingly in respect of such his alledged perception be examined and cross-examined
in the same manner as any other witness.
So in respect of any fact alledged by him to
stated by him as being to be regarded by him as notorious
the fact may be contested by counter argument and counter
evidence in the same manner as any fact specially
in relation to which special evidence has been
exhibited.
On the other in respect of any such contestation
the a party contesting is in respect of delay vexation and expence in case of
insincerity or transcribing of assertion responsible in this as
in other cases.
Identifier: | JB/054/091/001 "JB/" can not be assigned to a declared number type with value 54.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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