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12 July 1804
Procedure & Evidence
☞ §. Before this, relative to the Justices of law relative
to the of some passage of substantive , principle of jurisprudential law.
II. The operations having respect to the question of fact, and operations employed
upon and in relation the evidence, at a time when the source of it is forthcoming and on the occasion when the respective sources of it are in the
presence of the Judge, may be thus enumerated.
1. Previous statement of the expected substance of the evidence for
the purpose of shewing the relevancy, by point out the attention of the Judge to its relation
to the demand, (the service demanded by the) and the grounds of such
demand (viz: the facts or events operative in the character of the
investiture events with regard to the demandant's right to the course demanded by
him at the hands of the Judge.)
2. Operations employed in the extraction of the evidence from its
source – according to the nature of the such source, personal, real, or
written: in the case of personal evidence, putting questions and receiving answers,
in the case of written evidence, reading the evidence, in the case of
real evidence, in general looking at the thing which is the source of evidence,
in particular cases pertaining upon the thing subjecting the thing to divers operations according
to the nature of the case.+ + Evidence. B. Examination or Extraction
3. Members Committing instantly to writing, insta in the case of personal evidence
(delivered vivâ voce) the questions so put, and the answers so
received: with occasional observations, where necessary and proper,
respecting the deportment of the witness: viz: for the purpose of serving
as indications with respect to veracity or mendacity – bona or mala fides.
4. Recapitulation the substance of evidence so exhibited. This may be
done by each of the parties on his own behalf, and on behalf of both
of them, and especially of him who is most in the right, by the Judge.
5. Making and communicating delivering observations grounded on it such observations as are suggested by it. In
the first place by each of the parties, in the last place by the Judge.
6. Framing the a decision grounded on it: – the appropriate
function of the Judge.
7. Framing the mandates or orders necessary for giving effect to the
decision: orders direct addressed either to the party or parties, or to the ministerial
or say executive ministers of justice.
Identifier: | JB/058/097/001 "JB/" can not be assigned to a declared number type with value 58.
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058 |
evidence |
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097 |
procedure & evidence |
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001 |
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e5 |
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jeremy bentham |
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18766 |
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