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<p>In this case, the matter of fact has for it's<lb/> | <p>In this case, the matter of fact has for it's<lb/> | ||
alledged percipient witness the applicant | alledged percipient witness the applicant himself<lb/> | ||
who, if he is to be believed, has been the<lb/> | |||
immediate sufferer by the wrong.</p> | immediate sufferer by the wrong.</p> | ||
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<p>But suppose according to the case stated<lb/> | <p>But suppose according to the case stated<lb/> | ||
by him, the person on whose body the wrong was<lb/> | by him, the person on whose body the wrong was<lb/> | ||
inflicted - the | inflicted - the offence committed - was not the<lb/> | ||
applicant himself, but a child of his, too young<lb/> | applicant himself, but a child of his, too young<lb/> | ||
to be capable of stating the matter of fact.</p> | to be capable of stating the matter of fact.</p> | ||
<note>Two facts in percipient<lb/> | <note>Two facts in percipient<lb/> | ||
evidentiary</note><lb/> | & evidentiary</note><lb/> | ||
<p>In this case | <p>In this case we see two distinguishable<lb/> | ||
matters, or alledged matters of fact.</p> | matters, or alledged matters of fact.</p> | ||
<p>1. The act by which, if the allegation be true the<lb/> | <p>1. The act by which, if the allegation be true the<lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. 18
Procedure Code
Ch. Probation
S.
5
Exemplification
Example alleged
corporal vexation
Example. Suppose the service demanded
compensation at the charge of the Defendant
for a threat, alledged to have been done
by him to the Pursuer, by a blow given to him
on a certain part of the body. By the wrong
thus done, an offence belonging to a certain
genus of offences, has been committed: a
genus, of which the denomination is wrongful
corporal vexation.
6
If sufferer the applicant
Sufferer also the
percipient witness
In this case, the matter of fact has for it's
alledged percipient witness the applicant himself
who, if he is to be believed, has been the
immediate sufferer by the wrong.
7
Suppose sufferer
a child of applicants
But suppose according to the case stated
by him, the person on whose body the wrong was
inflicted - the offence committed - was not the
applicant himself, but a child of his, too young
to be capable of stating the matter of fact.
Two facts in percipient
& evidentiary
In this case we see two distinguishable
matters, or alledged matters of fact.
1. The act by which, if the allegation be true the
blow was given: call this the principal fact.
2. The act performed by the applicant in making
the allegation to this effect: call this
the evidentiary fact.
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Identifier: | JB/052/364/001"JB/" can not be assigned to a declared number type with value 52. |
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1826-09-15 |
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364 |
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001 |
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copy/fair copy sheet |
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recto |
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john flowerdew colls |
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17037 |
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