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<p>1826. Sept<hi rend="superscript">r</hi>. 15.</p> | |||
<head>Procedure Code.</head> | |||
<note>Ch. Probation<lb/> | |||
S.<lb/> | |||
8<lb/> | |||
Counter evidence<lb/> | |||
1 by Defendant himself<lb/> | |||
2 by extraneous<lb/> | |||
witness</note><lb/> | |||
<p>By the allegation thus made, the existence<lb/> | |||
of the principal fact has been provisionally<lb/> | |||
or say eventually proved: if in the opinion<lb/> | |||
of the Judge, the assertion so made is<lb/> | |||
true, insomuch that the principal fact asserted<lb/> | |||
by it to have happened did really happen<lb/> | |||
at the time and place asserted, in supposing<lb/> | |||
him inclined to believe it, failing proof<lb/> | |||
to the contrary he will declare accordingly.<lb/> | |||
But it may be, (for so the experience of the Judge will<lb/> | |||
have demonstrated to him) that the allegation you<lb/> | |||
have thus been making is in the whole or in some<lb/> | |||
essential circumstance, untrue: by the applicant<lb/> | |||
or his child, no such blow was received, or if received,<lb/> | |||
received from accident: such as an unintended<lb/> | |||
push by another person, or the fall of some<lb/> | |||
utensil from a shelf, or, any of which matters of<lb/> | |||
fact the Defendant might and would wish truth<lb/> | |||
assert if the opportunity were given him of being<lb/> | |||
heard. Relation had to the evidence so delivered,<lb/> | |||
as above, such evidence, if delivered by the Defendant,<lb/> | |||
would be counter evidence: it may be delivered<lb/> | |||
either by the Defendant himself, who, in virtue of<lb/> | |||
his being himself, the deliverer of it, would be a<lb/> | |||
party witness, or say a litigant witness, only a third<lb/> | |||
person who, not having been placed by your demand<lb/> | |||
either on your side in confirmation of your<lb/> | |||
demand and as a copursuer, or on the Defendant's<lb/> | |||
side as a Codefendant, may be <sic>stiled</sic> an extraneous <lb/> | |||
witness.</p> | |||
<p>But</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. 15.
Procedure Code.
Ch. Probation
S.
8
Counter evidence
1 by Defendant himself
2 by extraneous
witness
By the allegation thus made, the existence
of the principal fact has been provisionally
or say eventually proved: if in the opinion
of the Judge, the assertion so made is
true, insomuch that the principal fact asserted
by it to have happened did really happen
at the time and place asserted, in supposing
him inclined to believe it, failing proof
to the contrary he will declare accordingly.
But it may be, (for so the experience of the Judge will
have demonstrated to him) that the allegation you
have thus been making is in the whole or in some
essential circumstance, untrue: by the applicant
or his child, no such blow was received, or if received,
received from accident: such as an unintended
push by another person, or the fall of some
utensil from a shelf, or, any of which matters of
fact the Defendant might and would wish truth
assert if the opportunity were given him of being
heard. Relation had to the evidence so delivered,
as above, such evidence, if delivered by the Defendant,
would be counter evidence: it may be delivered
either by the Defendant himself, who, in virtue of
his being himself, the deliverer of it, would be a
party witness, or say a litigant witness, only a third
person who, not having been placed by your demand
either on your side in confirmation of your
demand and as a copursuer, or on the Defendant's
side as a Codefendant, may be stiled an extraneous
witness.
But
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