JB/054/093/001

Click Here To Edit

1825. June 28
Procedure CodeCh. Evidence
§. Why and how far needed

Art. 5. Exception 2. Fact, notorious. The matter of fact notorious.
It will seldom happen that in order to constitute a sufficient
warrant for a decree sufficiently warranted by the nature
of the case of some matter of fact or other or even divers matters
of fact which are regarded as notorious, the existence must
accordingly be assumed: matters of fact by the proof of which
of decree necessary and accordingly checked, delay vexation and
expence, in an amount more or less. In any such case
any party or any person present interposing on his behalf on either side
may take notice of any such matter of fact the existence
of which is so assumed, and alledging his disbelief or doubt
in respect of it. In this case, the Judge will take order
in support for the elicitation of evidence for an against such assertion, as in the case of any
other matter of fact in dispute, the individual calling for
such enquiry being responsible in case of groundless delay
vexation and expence, compensationally and
responsible.

Art. Examples are

1. producing Facts belonging to geography and history:
particularly of the geography and history of this same political
State.

2. The existence of the several situations belonging to the
official establishment of this State: and the fact of there being
filled by the several persons actually filling them.

3. Any such facts belonging to the field of any other branch of
art and science, as without special study are known to the
generality of the inhabitants: such is the custom of in use in
respect of that, cloathing and lodging: and the various occupations
profitable and pleasurable carried on by different classes and
the usage on the occasion of birth, death, disease and marriage.

☞ Proposed End of this Section 28 June 1825

Identifier: | JB/054/093/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1825-06-28	Marginal Summary Numbering	9
Box	054	Main Headings	procedure code
Folio number	093	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17612
Box Contents