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<p>delivered of <lb/> | <p>delivered of <lb/> | ||
returned</p> | |||
<p>Evidence fresh from<lb/> | <p>Evidence fresh from<lb/> | ||
Line 59: | Line 59: | ||
in respect<lb/> | in respect<lb/> | ||
of its<lb/> | of its<lb/> | ||
<unclear> | <unclear>tendering</unclear><lb/> | ||
and<lb/> | and<lb/> | ||
Subject<lb/> | Subject<lb/> | ||
Line 85: | Line 85: | ||
<p>Ch.10. Of the <hi rend="underline">Causes</hi><add>Falshood Causes</add><lb/> | <p>Ch.10. Of the <hi rend="underline">Causes</hi><add>Falshood Causes</add><lb/> | ||
of <hi rend="underline">Falshood</hi> in evidence.<lb/> | of <hi rend="underline">Falshood</hi> in evidence.<lb/> | ||
Corroborations</p> | |||
<p>[+]1</p> | <p>[+]1</p> | ||
<p>Ch.1<del>1</del>2. Corroborative<lb/> | <p>Ch.1<del>1</del>2. Corroborative<lb/> | ||
Line 98: | Line 98: | ||
to the<lb/> | to the<lb/> | ||
<gap/> ours</note><lb/> | <gap/> ours</note><lb/> | ||
<p>Ch. 14 Of the choice of<lb/> | <p>Ch. 14 Of the choice of<lb/> | ||
evidence. Willing witnesses<lb/> | evidence. Willing witnesses<lb/> | ||
Line 104: | Line 103: | ||
and what cases to be<lb/> | and what cases to be<lb/> | ||
rejected. Choice unwilling</p> | rejected. Choice unwilling</p> | ||
<p>Ch.<del>15</del>16 Unwilling testimony<add>Choice unwilling</add><lb/> | <p><add>[+]2</add>Ch.<del>15</del>16 Unwilling testimony<add>Choice unwilling</add><lb/> | ||
whither in any<lb/> | whither in any<lb/> | ||
or what <gap/> to be excused.</p><pb/> | or what <gap/> to be excused.</p><pb/> | ||
Line 127: | Line 126: | ||
as between Species<lb/> | as between Species<lb/> | ||
and Species.</p> | and Species.</p> | ||
<p>VIIII Falshood Causes</p> | <p>X<del>VIIII</del> Falshood Causes</p> | ||
<p><del>IX</del> Choice as to admission<lb/> | <p><del>IX</del> Choice as to admission<lb/> | ||
and exclusion<lb/> | and exclusion<lb/> | ||
Line 165: | Line 164: | ||
<p>IV - to make speak<lb/> | <p>IV - to make speak<lb/> | ||
whereon if torture<lb/> | whereon if torture<lb/> | ||
was this in Part a < | was this in Part <unclear>a</unclear> <lb/> | ||
under title. Preventives<lb/> | |||
of | of si<gap/>ty or means of<lb/> | ||
informing veracity.</p> | informing veracity.</p> | ||
<p>Number</p> | <p>Number</p> | ||
Line 191: | Line 190: | ||
2. graphical. Graphical<lb/> | 2. graphical. Graphical<lb/> | ||
1.living. 2.<hi rend="underline">dead</hi>.<lb/> | 1.living. 2.<hi rend="underline">dead</hi>.<lb/> | ||
Dead 1. of particular | Dead 1. of particular concernment.<lb/> | ||
<p>2. of general d<hi rend="superscript">o</hi><lb/> | <p>2. of <hi rend="underline">general</hi> d<hi rend="superscript">o</hi><lb/> | ||
= historical</p> | = historical</p> | ||
—<lb/> | —<lb/> | ||
Line 228: | Line 227: | ||
—<lb/> | —<lb/> | ||
<p>Part II.</p> | <p>Part II.</p> | ||
<p>XVI. Spurious | <p>XVI. Spurious cases<lb/> | ||
of | of Evidence</p> | ||
—<lb/> | —<lb/> | ||
<p>IV.B. Expence of <gap/><lb/> | <p>IV.B. Expence of <gap/><lb/> | ||
on case of costs<lb/> | on case of costs<lb/> | ||
a ground for | a ground for <unclear>dismissing</unclear><lb/> | ||
the question of competency<lb/> | the question of competency<lb/> | ||
shall the | shall the losing party be<lb/> | ||
charged with the expence<lb/> | charged with the expence<lb/> | ||
of superfluous evidence<lb/> | of superfluous evidence<lb/> | ||
brought by the other?</p> | brought by the other?</p> | ||
<p>Tracts so simple | <p>Tracts so simple )(<lb/> | ||
complex - degree of<lb/> | complex - degree of<lb/> | ||
complexity infinitely<lb/> | complexity infinitely<lb/> | ||
diversified. the <gap/><lb/> | diversified. the <gap/><lb/> | ||
of the tail has for its bond<lb/> | of the tail has for its bond<lb/> | ||
d<hi rend="superscript">o</hi> of the word used | d<hi rend="superscript">o</hi> of the word used as a <gap/><lb/> | ||
for it. —</p> | for it. —</p> | ||
<p> | <p>Rule about <hi rend="underline">best</hi><lb/> | ||
evidence violated<lb/> | evidence violated<lb/> | ||
where they take written<lb/> | where they take written<lb/> | ||
when <hi rend="underline">oral</hi> un<gap/>d</p> | |||
—<lb/> | —<lb/> | ||
<p>Power of rejection must<lb/> | <p>Power of rejection must<lb/> | ||
Line 262: | Line 261: | ||
<p>In Information<lb/> | <p>In Information<lb/> | ||
Def<hi rend="superscript">t</hi> has no power<lb/> | Def<hi rend="superscript">t</hi> has no power<lb/> | ||
to get | to get witnesses to<lb/> | ||
join with him in<lb/> | join with him in<lb/> | ||
Affidavits</p> | Affidavits</p> | ||
Line 286: | Line 285: | ||
25 Dec<hi rend="superscript">r</hi> 1802.</p> | 25 Dec<hi rend="superscript">r</hi> 1802.</p> | ||
<p>Evidence own<lb/> | <p>Evidence own<lb/> | ||
of self | of self where not<lb/> | ||
opposable by counter<lb/> | opposable by counter<lb/> | ||
evidence (of <gap/>)<lb/> | evidence (of <gap/>)<lb/> | ||
Line 315: | Line 314: | ||
<p>Interest</p> | <p>Interest</p> | ||
<p>If subsequent interest<lb/> | <p>If subsequent interest<lb/> | ||
<gap/>, a witnesss<lb/> | incapacit<gap/>, a witnesss<lb/> | ||
may | may deprive the party<lb/> | ||
of the benefit of his<lb/> | of the benefit of his<lb/> | ||
evidence without contempt<lb/> | evidence without contempt<lb/> | ||
or perjury, as by<lb/> | or perjury, as by<lb/> | ||
laying a wager &c -<lb/> | laying a wager &c -<lb/> | ||
or professing <unclear> | or professing <unclear>partiality</unclear><lb/> | ||
provided for by decision.<add>&c</add></p> | provided for by decision.<add>&c</add></p> | ||
<p>Release</p> | <p>Release</p> | ||
Line 327: | Line 326: | ||
objection of <add>authority</add></p> | objection of <add>authority</add></p> | ||
<p>Interpretation</p> | <p>Interpretation</p> | ||
<p> | <p>mastered under the<lb/> | ||
name of Evidence —<lb/> | name of Evidence —<lb/> | ||
As whether <del>the</del> act<lb/> | As whether <del>the</del> act<lb/> | ||
Line 343: | Line 342: | ||
unlawful gains.<lb/> | unlawful gains.<lb/> | ||
2.4.2.c.28.§.9.<lb/> | 2.4.2.c.28.§.9.<lb/> | ||
Sedgw. 1259.</p> | |||
—<lb/> | —<lb/> | ||
<p>Written</p> | <p>Written</p> | ||
Line 362: | Line 361: | ||
Peake 131.</p> | Peake 131.</p> | ||
<p>Rejection</p> | <p>Rejection</p> | ||
<p>No | <p>No reason need be given<lb/> | ||
for admission: satisfactory<lb/> | for admission: satisfactory<lb/> | ||
reason ought<lb/> | |||
to be given for rejection <lb/> | to be given for rejection <lb/> | ||
because of <unclear> | because of <unclear>true</unclear> rejection<lb/> | ||
produces wrong<lb/> | produces wrong<lb/> | ||
Every record of <gap/><lb/> | Every record of <gap/><lb/> | ||
Line 376: | Line 375: | ||
him - proof,<lb/> | him - proof,<lb/> | ||
the rarity of action,<lb/> | the rarity of action,<lb/> | ||
where he is | where he is admitted.<lb/> | ||
ex.gr. varied <hi rend="underline">hundred</hi><lb/> | ex.gr. varied <hi rend="underline">hundred</hi><lb/> | ||
&c</p><pb/> | &c</p><pb/> | ||
Line 387: | Line 386: | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
delivered of
returned
Evidence fresh from
the source & through the single
one, two, three &c
channels or say
original it the original
if the 1st 2d &c remove or
+ considered with reference cast
to the enmity to the source latter position or can
interposition of intermediate
sources. channels of con
IV Species.3.- as a
directness as to subject matter direct and
circumstantial
VI. Species. 5. as to
subject matter - ordinary
and Scientific or
say Quasi-judiciary —wherein of Expertise.
IX. Veracity Causes.
XIII SubjectSource of decision
on Evidence - connection
between fact and testimony
- between fact
and fact.
Definitions &c
Ch.1. Definitions
and Divisions &c
Ch.13*
Uses of
Unoriginal
Evidence
Unoriginal
Evidence
—lists -
Ch 2. Of FactsFacts the
Subject of Evidence
Ch.2 Of in differential sorts of Evidence}
Ch.3. Of Real Evidence
Ch.4 - Of Personal
Evidence as Distinguished
into
OralOral and WrittenWritten.
Ch.5. Of UnoriginalUnoriginal
evidence.
Ch.11
Falshood
considered
in respect
of its
tendering
and
Subject
matter
Ch.6. Of circumstantialcircumstantial evidence
Ch.7. Of ScientificScientific
evidence
Ch.8. Of the modemeasurement
of measuring and
expressing the force
of the persuasion produced
by evidence
Ch. 13
Force
Comparation
[+]2
Ch.134
Comparative
force
of different
species
of Evidence.
Ch. 9. Of the CausesTruth Causes
of truth in evidence.
Ch.10. Of the CausesFalshood Causes
of Falshood in evidence.
Corroborations
[+]1
Ch.112. Corroborative
institutions for augmenting
the force &
the causes of truth in
evidence Choice willing
Ch.123
Of introductoryintroductory
evidence
leading
to the
ours
Ch. 14 Of the choice of
evidence. Willing witnesses
in any
and what cases to be
rejected. Choice unwilling
[+]2Ch.1516 Unwilling testimonyChoice unwilling
whither in any
or what to be excused.
---page break---
I. Definitions &c
II Facts, the Subject
of evidence.
II. Species 1. as to
sources - 1 Personal
2 real. Personal 1. Oral 2.graphical
1. living. 2. dead.
Dead not of particular rnment.
2. of general do
= historical.
III. Species -2 as to immediateness
III V as to use - introductory
— definition
VII Earn. measure
of in each Species -
- intensity of averment.
VIII Force comparative
as between Species
and Species.
XVIIII Falshood Causes
IX Choice as to admission
and exclusion
in regard
to each Species
XIIIXII. Member requisite
- as to each
Species
XIV!XIIII. Force aggregate
(of all species) requisite
for judgment -
in penal and no regional.
- for conviction and
requittal - for allowance
or disallowance.
now should to conclusion
V 29
XIII False judgment
Causes.
1. False evidence
2. False conception in
case of View
3 Erroneous induction
form evidence.
II. Problems.
Evidence
1. — to find
II.— Appearanceexhibition to
ensure (including
oral to make speak.)
III — form deposition
to preserved
IV — correct useveracity and
verity to ensure
IV - to make speak
whereon if torture
was this in Part a
under title. Preventives
of sity or means of
informing veracity.
Number
Ch.178 Number of
whether in any
and what may scare
them one should be
required by authoriz
under is a
Conclusive
Ch.168 Conclusive
evidence whether
any and what form
of evidence shall
have the effect of
a decision ]
---page break---
Oral and quasi oral
are evanescent: written
& other graphical are
permanent.
—
2. graphical. Graphical
1.living. 2.dead.
Dead 1. of particular concernment.
2. of general do
= historical
—
Ch.11. Falshood subject
matter - a point
unsusceptible of reputation
Ex.gr. Character.
18 mon 1 2 Subject
matter 2 tendency
exculpative
1. The whole fact-
falsho in toto
2. circumstance
quantity or degree
This the rty
most iary
least detestible,
False good character
common & easy.
—
renumber
1. Requiring more than
witnesses than one,
has the effect of confining
the prohibition
to the case of
publicity.
2. If Reason for requiring
than are
in some cases. Where
supposing the offence
committed, the observing
witnesses must have been
numerous.
—
Part II.
XVI. Spurious cases
of Evidence
—
IV.B. Expence of
on case of costs
a ground for dismissing
the question of competency
shall the losing party be
charged with the expence
of superfluous evidence
brought by the other?
Tracts so simple )(
complex - degree of
complexity infinitely
diversified. the
of the tail has for its bond
do of the word used as a
for it. —
Rule about best
evidence violated
where they take written
when oral und
—
Power of rejection must
be allowed - otherwise
libellous and all other
irrelevant matter might
be introduced.
Rejection is equivalent
to a judgment of certain
falsity
---page break---
In Information
Deft has no power
to get witnesses to
join with him in
Affidavits
Rules for rejection
either here if
Two sources of proof
for proving their impropriety.
1. The frequency of
counter-rules by
which they are violated.
2.. The expedients
emply'd for doing
away the rules by
stealth in the cases
in which they are
not so violated: viz
by Release.
Evidence own received
in the Courts of
Request in causes
about bad many-Times
25 Decr 1802.
Evidence own
of self where not
opposable by counter
evidence (of )
of Deft. allowed him to
oppose it by general
declaration of non-
-belief
Best Evidence not
received by English Law
1. Affidavit received
viva voce rejected
2. Record-writer written
evidence received
even runs va
—
Such a thing "is
evidence of such
a thing — ambiguous.
in cases either
admissible or conclusive.
Ch. Of preconceived corinate evidence
of Contracts.
Objectionable Evidence
should be
receive even notaa
---page break---
Interest
If subsequent interest
incapacit, a witnesss
may deprive the party
of the benefit of his
evidence without contempt
or perjury, as by
laying a wager &c -
or professing partiality
provided for by decision.&c
Release
How it does away the
objection of authority
Interpretation
mastered under the
name of Evidence —
As whether the act
be evidence of vagrancy
The question results
not from the nature
of the case, but from
the even impact of the
term vagrancy.
—
It is a question of
law — what facts are
meant by that
View — Cases of
unlawful gains.
2.4.2.c.28.§.9.
Sedgw. 1259.
—
Written
Received without oath
wherever an official a seal accompanies
it.
Inter alia Records
which are stuffed with
notorious falshood.
—
Times Decr 13 1802
Evidence. divorced
wife's inadmissible
Advantage-
-Witness not to
degrade himself
Ellenborough. Conjn
Peake 131.
Rejection
No reason need be given
for admission: satisfactory
reason ought
to be given for rejection
because of true rejection
produces wrong
Every record of
in a demonstration of
injustice,
—
Intrepid Witness
No danger in admitting
him - proof,
the rarity of action,
where he is admitted.
ex.gr. varied hundred
&c
---page break---
Identifier: | JB/109/011/001"JB/" can not be assigned to a declared number type with value 109. |
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1802-11-29 |
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109 |
Evidence |
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011 |
Evidence Ordo & Heads |
||
001 |
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Rudiments sheet (brouillon) |
1 |
||
recto |
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35666 |
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