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<p><!-- pencil -->14 Apr. 1803<lb/> | |||
<head>Evidence</head></p> | |||
<p>Of these two problems the solution of the first will readily<lb/> | |||
enough be understood to belong to the topic <add>subject</add> of <del>Proced</del> Procedure.<lb/> | |||
Why? because the providing for the presentation <add>exhibition</add> of the evidence<lb/> | |||
to the cognizance of the Judge requires a multitude of preliminary<lb/> | |||
steps which on the first mention of them will be<lb/> | |||
found to occupy a place, and that a principal one, at the<lb/> | |||
series of steps of which the course <add>system</add> of Procedure is composed.</p> | |||
<p>1. How to <del><gap/> <gap/></del> trace out and discover such <add>pieces of</add> evidence<lb/> | |||
<del>whether it be of things</del> whencesoever furnished whether by things or persons i.e. witnesses<lb/> | |||
as the nature of the case promises, from the complexion of it, to afford.<lb/> | |||
<del>How to</del> 2. When found, how to guard it against the danger of<lb/> | |||
being lost before the time comes for the <del><gap/></del> presentation of it<lb/> | |||
to the Judge. 3. When found to exist, how to cause it to be<lb/> | |||
forthcoming. 4. Witnesses <del>when</del> forthcoming, how to make sure<lb/> | |||
of their deposing. <del>4. Witnesses when forthcoming</del> 5. Witnesses<lb/> | |||
<del>when</del> forthcoming and deposing, how to make sure if possible that<lb/> | |||
what they depose shall <add>as far as fall within their respective cognizance</add> be the truth, the whole truth and nothing but<lb/> | |||
the truth. Of these problems – not to mention other intermediate<lb/> | |||
or incidental ones, the solution <add>for the reason just mentioned,</add> will be seen at first<lb/> | |||
glance to belong to the subject <add>system</add> of Procedure. Why? because<lb/> | |||
on each occasion – <del>on</del> for the solution <add>of these subordinate problems</add> of each problem, <add>fresh steps</add> some fresh<lb/> | |||
step appears <add>presents itself as</add> requisite to be taken – to be taken by <add>or on behalf of or at the instance of</add> one or other<lb/> | |||
party, in virtue of powers given by the legislator, by, or <del>under<lb/> | |||
with</del> under the authority <add>from</add> of the Judge.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
14 Apr. 1803
Evidence
Of these two problems the solution of the first will readily
enough be understood to belong to the topic subject of Proced Procedure.
Why? because the providing for the presentation exhibition of the evidence
to the cognizance of the Judge requires a multitude of preliminary
steps which on the first mention of them will be
found to occupy a place, and that a principal one, at the
series of steps of which the course system of Procedure is composed.
1. How to trace out and discover such pieces of evidence
whether it be of things whencesoever furnished whether by things or persons i.e. witnesses
as the nature of the case promises, from the complexion of it, to afford.
How to 2. When found, how to guard it against the danger of
being lost before the time comes for the presentation of it
to the Judge. 3. When found to exist, how to cause it to be
forthcoming. 4. Witnesses when forthcoming, how to make sure
of their deposing. 4. Witnesses when forthcoming 5. Witnesses
when forthcoming and deposing, how to make sure if possible that
what they depose shall as far as fall within their respective cognizance be the truth, the whole truth and nothing but
the truth. Of these problems – not to mention other intermediate
or incidental ones, the solution for the reason just mentioned, will be seen at first
glance to belong to the subject system of Procedure. Why? because
on each occasion – on for the solution of these subordinate problems of each problem, fresh steps some fresh
step appears presents itself as requisite to be taken – to be taken by or on behalf of or at the instance of one or other
party, in virtue of powers given by the legislator, by, or under
with under the authority from of the Judge.
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Identifier: | JB/058/007/001"JB/" can not be assigned to a declared number type with value 58. |
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1803-04-14 |
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058 |
evidence |
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007 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d7 |
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jeremy bentham |
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18676 |
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