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<head>1826. <del>March</del> April 7<lb/> <del> | <head>1826. <del>March</del> April 7<lb/> | ||
<del>Penal</del> <add> Procedure</add> Constitutional Code</head> <p><note><sic>Ch.</sic> Evidence</note><lb/> | |||
<!-- number in pencil --> (1 <note>what sufficient</note></p> | |||
<p>§§. what sufficient in relation to <add> for support of</add> the demand</p> | |||
<p><note>1<lb/> | |||
If wrong complained<lb/> | |||
of be not proved but<lb/> | |||
evidence be elicited of some<lb/> | |||
other wrong a demand<lb/> | |||
paper may thereupon be<lb/> | |||
settled & decree pronounced<lb/> | |||
forthwith</note></p> | |||
<p>Enactive</p> | |||
<p>If, failing to be sufficiently <sic>probative</sic> of the wrong<lb/> | |||
<del>or the righ</del> for which redress is demanded or the right the<lb/> | |||
possession of which is demanded by the demand paper<lb/> | |||
the evidence as checked at the hearing <!-- brackets in pencil --> [upon the<lb/> | |||
face of it] sufficiently <sic>probative</sic> of some other wrong or <lb/> | |||
of a title to some other right, a demand paper may<lb/> | |||
thereupon be <del><gap/> in</del> settled upon the spot, and decrees<lb/> | |||
officiative and imperative at the same time pronounced<lb/> | |||
in conformity to it: <del><gap/> <gap/> the</del> <add> provided always</add> that if <del>by</del><lb/> | |||
<del>reason of the <gap/> the Defendant <gap/> of <gap/></del><lb/> | |||
for want of some evidence <add><sic>counterevidence</sic></add> which the Defendant knows or<lb/> | |||
on reasonable grounds believes to be probably in existence<lb/> | |||
and obtainable injustice would thereby be done, the necessary<lb/> | |||
time as well as means will be granted <add>shall be allowed</add> to him for the<lb/> | |||
production of such <sic>counterevidence</sic></p> | |||
<p><note>2<lb/> | |||
Reason avoidance of<lb/> | |||
needless delay</note></p> | |||
<p>Ratiocinative</p> | |||
<p> By the non establishment of this faculty <add>misdecision</add> injustice<lb/> | |||
and needless delay to a prodigious amount is necessitated;<lb/> | |||
for the want of <add>exact</add> conformity of this evidence checked<lb/> | |||
to the demand proferred, the pursuers demand is in these <add> rejection is in these case applied</add> <lb/> | |||
cases <hi rend="underline">rejected</hi>: In English law language if it <add>the case</add> be a non-penal<lb/> | |||
case <add>one</add> the plaintiff is nonsuited; if <del><gap/></del> a <del>non</del><lb/> | |||
penal one the Defendant is found Not Guilty: in the <lb/> | |||
non-penal case redress <add>remains</add> is still possible, but <del>only</del> no otherwise <lb/> | |||
than by means of a fresh action: in a penal case it remains<lb/> | |||
<add>for ever</add> impossible: and the Defendant, whatsoever may have<lb/> | |||
been his guilt escapes with impunity.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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Identifier: | JB/057/323/001"JB/" can not be assigned to a declared number type with value 57. |
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1826-04-07 |
1-2 |
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057 |
constitutional code; procedure code |
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323 |
procedure constitutional code |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18653 |
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