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<head>1825. <sic>Feb<hi rend="superscript">y</hi></sic> 17<lb/>Procedure Code</head> <!-- some in pencil --> <p>+<lb/><note><sic>Ch.</sic> VIII Hearing Single<lb/>§.</note></p> <p>Note to Demand Paper C</p> <p><note>10<lb/>Evidence subject<lb/>matters 1 the Act<lb/>2 the evil <del>S</del> result<lb/> | <head>1825. <sic>Feb<hi rend="superscript">y</hi></sic> 17<lb/>Procedure Code</head> <!-- some in pencil --> <p>+<lb/><note><sic>Ch.</sic> VIII Hearing Single<lb/>§.</note></p> <p>Note to Demand Paper C</p> <p><note>10<lb/>Evidence subject<lb/>matters 1 the Act<lb/>2 the evil <del>S</del> result<lb/>3 the personality of<lb/>the agent</note></p> <p><del>( ) [Collative fact or facts]</del></p> <p>( ) [VI. Evidence] In a penal case <del>such as above</del> whether<lb/><del>private public</del> the offence, and the species of suit, are. as<lb/>here, <add><del>termed</del></add> <hi rend="underline">purely public</hi> or whether they are <hi rend="underline">publico-private</hi><lb/>as in the case of the Demand Paper D, the evidence<lb/>will commonly have three distinguishable subject matters<lb/>to wit, in the <add>a</add> matter of fact or state of things regarded as<lb/><del>mischievous</del> <add>productive or tending to production of mischief</add> and supposed to have been the result of the<lb/><hi rend="underline">act</hi> of some human agent; 2 the nature of the <add>that same</add> <hi rend="underline">evil</hi>; <del><gap/><lb/>no <gap/> of</del> 3. the personality of that same agent.</p> <p>Of these three distinguishable subject matters of knowledge and<lb/>evidence the first may be known, where the second and third<lb/>are as yet unknown: of damage <del>done</del> <add>produced</add> by conflagration the<lb/>existence may for example be known, when as yet it is not<lb/>known whether human agency bore any part in the production.<lb/>So again the <add><del><gap/></del> </add> damage <del>is</del> <add>being</add> known what may also<lb/>be known is that human agency <add>the <del>agency</del> act of <hi rend="underline">some</hi> person</add> had part in the production<lb/>of it, while as yet it is not known <hi rend="underline">who</hi> that person is.</p> <p><note>11<lb/><foreign><hi rend="underline">Corpus delicté</hi></foreign> under<lb/><unclear>Rome bred</unclear> law</note></p> <p>In <unclear>Rome bred</unclear> law the <del><gap/></del> state of things regarded<lb/>as fraught with mischief <del>together</del> with the circumstance of<lb/>its having had human agency for its course, constitute<lb/><add>together</add> what is called the <foreign><hi rend="underline">corpus delicté</hi></foreign> — <del>as and is designated</del><lb/>in French <foreign><hi rend="underline">corps du delit</hi></foreign> <add><hi rend="underline">the body of the offence</hi></add> and are frequently spoken<lb/>of as <add>composing</add> a subject of <del><gap/></del> evidence and investigation<lb/>distinct from the consideration <add>of the personality</add> of the supposed criminal<lb/>or culpable agent.</p> <!-- marginal bracket in pencil around the final paragraph --><p>This <del><gap/></del> distinction may also have place in several<lb/>modifications of the case in which <del>this sort <gap/></del> as in demand<lb/>paper B., the suit, whether <sic>incuplative</sic> or not, is not criminative.</p> | ||
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1825. Feby 17
Procedure Code
+
Ch. VIII Hearing Single
§.
Note to Demand Paper C
10
Evidence subject
matters 1 the Act
2 the evil S result
3 the personality of
the agent
( ) [Collative fact or facts]
( ) [VI. Evidence] In a penal case such as above whether
private public the offence, and the species of suit, are. as
here, termed purely public or whether they are publico-private
as in the case of the Demand Paper D, the evidence
will commonly have three distinguishable subject matters
to wit, in the a matter of fact or state of things regarded as
mischievous productive or tending to production of mischief and supposed to have been the result of the
act of some human agent; 2 the nature of the that same evil;
no of 3. the personality of that same agent.
Of these three distinguishable subject matters of knowledge and
evidence the first may be known, where the second and third
are as yet unknown: of damage done produced by conflagration the
existence may for example be known, when as yet it is not
known whether human agency bore any part in the production.
So again the damage is being known what may also
be known is that human agency the agency act of some person had part in the production
of it, while as yet it is not known who that person is.
11
Corpus delicté under
Rome bred law
In Rome bred law the state of things regarded
as fraught with mischief together with the circumstance of
its having had human agency for its course, constitute
together what is called the corpus delicté — as and is designated
in French corps du delit the body of the offence and are frequently spoken
of as composing a subject of evidence and investigation
distinct from the consideration of the personality of the supposed criminal
or culpable agent.
This distinction may also have place in several
modifications of the case in which this sort as in demand
paper B., the suit, whether incuplative or not, is not criminative.
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Identifier: | JB/052/408/001"JB/" can not be assigned to a declared number type with value 52. |
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1825-02-17 |
10-11 |
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procedure code |
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408 |
procedure code |
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001 |
note to demand paper c |
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text sheet |
1 |
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jeremy bentham |
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17081 |
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