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1825. Feb.y March 12 Revised
Procedure Code Ch.
Notes to Demand Paper A.
[Evidence] On the Evidence which will have
to be adduced, will depend the belief of the judge
in affirmance of the existence of the collative fact
or facts of which the applicant's title on the ground
of fact to the services demanded by him is composed
In relation to this same evidence, among the questions which
in that view the Pursuer will have had to put to him self;
and which, in so far as he has failed to put them
to himself the Judge will have to put to him, are the
following
1. Questions as to personal evidence What
person on persons are looked to, us able and ,
or capable of being made , in quality of testifiers
to prove the existence of the fact
or facts? 1. In particular The applicant or applicants? 2 The proposed
Defendant or Defendants? 3. Any other
person or persons? Or any assemblage, composed
of the three sorts of testifiers, whereof the two
first wise in such case be litigant, the other extrameans,
testifiers or narrating witnesses?
2. Questions as to real evidence: As to wit, as to any state
of things inmoveable or moveable, to which it may happen
to be capable of operating in the character of Evidence, in
proof or explanation of a collective fact. The things what
& where? Present possessions or keepers, who? In particular, Applicant
or applicants Defendant or Defendants, or their persons, as
above? In respect of 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 is visible
3. Questions as to written evidence written evidence is
a sort of compound evidence, composed of personal & real
To the question who the persons are of whose discourse the writing
is composed, will accordingly be to be added the questions
who the persons are in whose possession or keeping the portions of
of discourse in question
are
N. 13. Of this note on the
subject of Evidence, the
matter will be seen to
apply not less to the present
Demand Paper than to
all the several others.
Identifier: | JB/056/043/001 "JB/" can not be assigned to a declared number type with value 56.
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1825-02 |
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056 |
Procedure Code |
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043 |
Procedure Code |
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001 |
Notes to Demand Paper A |
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Copy/fair copy sheet |
1 |
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recto |
E2 |
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[[notes_public::"March 12 Revised" [note in Bentham's hand]]] |
18099 |
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