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1825. June 28
Procedure CodeCh. Evidence
§. Evidence Why and how far needless needed
§. 1. Evidence how far needless why and how far needed
§. 1. Facts attainable without special evidence
Art. 1. Exception excepted, the Judge as a
foundation for any decree or order of his is not warranted
in affirmating the existence or non-existence of any relevant
matter of fact without special evidence exhibited
to him in the Justice Chamber.
Art. Exception 1. Percipient, the Judge Judges of own perception of in relation to the
matter of fact in question: provided always that in so far as the nature
of the case admitts, the faculty of obtaining perception in relation
to that same matter of fact be imparted to others; persons by whose
report testimony upon occasion the alledged perception of the Judge may
be checked: that is to say parties on both sides, and other persons
regarded as important, admitted and in case of need, invited
and even compelled to officiate in the character of
extraneous or say non-litigant witnesses.
Art. Were If the satisfaction of the Judge's own mind were
the only object to be considered, his own perception supersede
if satisfactory to himself would supersede all need of evidence
from any other source. But the object of in judicature the object is that
the public at large may be satisfied of the justice of what is done
by the Judge. Accordingly from every decree pronounced in the
course of an original enquiry by the Judge when a virtual
appeal is allowed to the that same Judge, or another Judge belonging to
the same Judicatory to acting with the assistance of a Quasi-Jury
in the Recapitulation or enquiry as also from the
decree on that occasion to the Judicatory of the Appellate Judge.
Art. Should the case be such as not to admitt of the presence
of any such concomitant witnesses, the Judge in case of the Recapitulatory
enquiry will be examinable in respe respect of such his alledged perception
be examinable as a where non-litigant witness, by any member of the Quasi-jury,
or in case of need
by any other person persons
in the character of Judicial
Suitor: of whom the Constitutional
Code : as also, in case of Appeal, by the Appellate Judges.
Identifier: | JB/054/092/001 "JB/" can not be assigned to a declared number type with value 54.
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