JB/057/323/001

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1826. March April 7

Penal Procedure Constitutional Code

Ch. Evidence
(1 what sufficient

§§. what sufficient in relation to for support of the demand

1
If wrong complained
of be not proved but
evidence be elicited of some
other wrong a demand
paper may thereupon be
settled & decree pronounced
forthwith

Enactive

If, failing to be sufficiently probative of the wrong
or the righ for which redress is demanded or the right the
possession of which is demanded by the demand paper
the evidence as checked at the hearing [upon the
face of it] sufficiently probative of some other wrong or
of a title to some other right, a demand paper may
thereupon be in settled upon the spot, and decrees
officiative and imperative at the same time pronounced
in conformity to it: the provided always that if by
reason of the the Defendant of
for want of some evidence counterevidence which the Defendant knows or
on reasonable grounds believes to be probably in existence
and obtainable injustice would thereby be done, the necessary
time as well as means will be granted shall be allowed to him for the
production of such counterevidence

2
Reason avoidance of
needless delay

Ratiocinative

By the non establishment of this faculty misdecision injustice
and needless delay to a prodigious amount is necessitated;
for the want of exact conformity of this evidence checked
to the demand proferred, the pursuers demand is in these rejection is in these case applied
cases rejected: In English law language if it the case be a non-penal
case one the plaintiff is nonsuited; if a non
penal one the Defendant is found Not Guilty: in the
non-penal case redress remains is still possible, but only no otherwise
than by means of a fresh action: in a penal case it remains
for ever impossible: and the Defendant, whatsoever may have
been his guilt escapes with impunity.

Identifier: | JB/057/323/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1826-04-07	Marginal Summary Numbering	1-2
Box	057	Main Headings	constitutional code; procedure code
Folio number	323	Info in main headings field	procedure constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18653
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