JB/052/212/001

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1826 Sept. 13
Procedure Code

Ch. II All-embracing Arrangements
(2) (2 4 § Instruments

Auxiliary professional and gratuitous

6 7
Instruments of application
1 Personal viz Applicants
1 principal 8 auxiliary
Applicants
2 Real
3 Written

1. Instruments of application. Personal instruments are
the applicants. There Applicants may be either 1. principal or 2 auxiliary,
lending their assistance to the principal, and will be
either professional or gratuitous. Thus on the occasion of
every judicial application whichsoever may be the object. So in particular
on the occasion of that sort of application about to which it happens to be converted into a suit.

Written instruments of application, any
such portion of discourse in a written form at up
it has happened to the application to give employment to existance to.

8
Instruments of probation
1 personal 2 real 3
written

Instruments of probation are 1 personal, 2 real,
3. written. Personal instruments of probation are persons considered
either in the character of narrating witnesses, or as
possessors of sources of real, or of written evidence. In all
three cases there will be an advantage in speaking of them
by the common appellation of Evidence-holders: holden in
his breast it as uttered is the evidence of the narrating
witness.

9
Witnesses 1 narrating
2 percipient

Narrating is the epithet appellation g applied to the one species
of witness to distinguish him from a very different sort of
witness (though it two characters are so frequently as it is always
desirable that they should be in one function) — a principal witness
In the breast of the principal witness is the source of the evidence, information
the organ of the narrating witness is the channel through which
it is communicated communication is made of it to the organs of the Judge.

10
Turbid ideas & inadequate
nomenclature under
technical procedure

Turbid the ideas of lawyers under technical procedure, correspondingly scanty
in proportion and inadequate their vocabulary. Obvious at once and necessary
the distinction between the principal and the narrating witness
never like hos in this work or those which have emanated
from the same source have words been employed in giving expression
to it

11
Importance of the
distinction

Yet another such distinction is necessary
Yet how important is the distinction! Small indeed
it will be seen in the is this the probative force of the narrating witness who has
not been a principal witness in comparison of that of him who has

Identifier: | JB/052/212/001"JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-09-13	Marginal Summary Numbering	7-11
Box	052	Main Headings	procedure code
Folio number	212	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16885
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