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<head>1823. <sic>Nov<hi rend="superscript">r</hi></sic> 13 +<lb/>Constitutional Code <add>or procedure</add></head> <p><note>II<lb/><sic>Ch.</sic> Procedure in general<lb/>&sect;.1</note></p> <p><del>Thus can <gap/> <gap/> of <gap/> and <gap/> <gap/><lb/><gap/> true <gap/></del></p> <p>Introduction</p> <!-- marginal summaries in pencil, 4 and 5 are in the left hand margin --><p><note>1<lb/><gap/> the compass of procedure:<lb/>Means of <gap/><lb/>and execution obtained<lb/>rightly employed, the object<lb/>is attained: probable<lb/>existence of some matters of<lb/>fact; execution given<lb/>to <del>an</del> <add>some</add> ordinance of law:<lb/>ordaining a service<lb/>which, <del>in <gap/> of</del> <add>to</add> every<lb/>individual <gap/> is, in a<lb/><add>certain</add> case described by it<lb/>shall, at his instance<lb/>be rendered to him by<lb/>a functionary occupied<lb/>in a certain place<lb/>the<lb/>situation of a Judge</note></p> <p>Of Judicial Procedure in general</p> <p><add><gap/> understood, the business of procedure has written in narrow<lb/>compass.  Means of proof/probation and means of execution &#x2014; this.<lb/>obtained and/obtained and duly/rightly employed, the business is done: probative of the existence<lb/>or an existence of some <sic>alledged</sic> matter of fact: execution given to a perfect and <add>an ordinary</add> arrangement of<lb/>the law, ordinary what<l/>shall be done in favour<lb/>and at the suit <add>instance</add> of a <lb/>person in whom in<lb/>order of some portion of<lb/>the mass of law the existence<lb/>of a <add>that same</add> certain matter<lb/>of fact is stated in<lb/>conferring on him a<lb?>right or title to <del>some</del><lb/>a certain service at<lb/>the hands of a Judge<lb/>a service which consists<lb/>in procuring at the hands<lb/>of another person a certain<lb/>other service.</add></p> <p><note>2<lb/>To any eye accustomed<lb/>to grasp the whole field<lb/>of the subject and place<lb/>over it in all directions<lb/>the whole mass of the arrangements<lb/>necessary<lb/>will be transparent.</note></p> <p>To an eye by which the whole field of the subject is<lb/>grasped, and which can carry itself over the whole experience<lb/>in any duration at any time, the whole <del>contents</del> <add>mass</add> of the contents<lb/>presents a transparent image <add>spectacle</add></p> <p><note>3<lb/><hi rend="underline">Evidence</hi> is <gap/> <gap/><lb/>to <hi rend="underline"><gap/></hi> of <gap/> <gap/><lb/>existence.</note></p> <p><add>Synonymous to</add> Proof is in the length of English law the <del><gap/></del> <add>word</add><lb/><hi rend="underline">Evidence</hi>: is <del>a term</del> a relative appellation:<lb/>one appellation employed for the designation of any matter<lb/>of fact, considered or tending to produce in the mind a<lb/>pursuance relative to the existence or non-existence<lb/>of any other matter of fact in this latter may in relation<lb/>to the former be termed the principal <add>matter of</add> fact, the subject matter<lb/>of evidence is the fact evidenced to or the fact in<lb/>evidence or the facts in question.</p> <p><note>4.<lb/>Evidence if matter of fact considered in <gap/> <gap/> tending to produce in the mind it is presented to, belief as to <gap/>  In <gap/> <gap/> <gap/>: <gap/> 1. Principal <gap/> <gap/><lb/>evidentiary <sic>d<hi rend="superscript">o</hi></sic></note></p> <p>Considered in respect of its mode of <add>its</add> application<lb/>of the application made of it to the purpose of producing<lb/>such provenance &#x2014; about it is distinguished the end distinguished<lb/>not direct and circumstanced.</p> <p><note>5<lb/>Evidence is <hi rend="underline">direct</hi> in so far as the belief is producible without the <gap/> of a of any other matter of fact: <hi rend="underline">circumstantial</hi> in so far as by means of<lb/>such interpretation: from which it <gap/> <gap/> he infers the existence of some fact he does not <gap/></note></p> <p>The evidence afforded by <del>an</del> a source of evidence<lb/>is either direct or circumstantial</p> <p>It is <hi rend="underline">direct</hi> <add>or say immediate</add> in so far as it contributes to <add>produces or helps</add> to produce<lb/>the pursuance of the existence or of the non-existence of this<lb/>without the intervention of any other matter.</p> <p>It is circumstantial or say indeterminate, in as<lb/>far as without producing, or of itself helping to produce <add>without the help of any other matter of fact</add><lb/>such <gap/> through the <del>any</del> <gap/> of some other the matter of fact, namely <del>gap/></del> the way<lb/>of inference: from <del><gap/></del> which a more <gap/> he infers the existence of something else which he does not procure.</p>
 
 


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1823. Novr 13 +
Constitutional Code or procedure

II
Ch. Procedure in general
§.1

Thus can of and
true

Introduction

1
the compass of procedure:
Means of
and execution obtained
rightly employed, the object
is attained: probable
existence of some matters of
fact; execution given
to an some ordinance of law:
ordaining a service
which, in of to every
individual is, in a
certain case described by it
shall, at his instance
be rendered to him by
a functionary occupied
in a certain place
the
situation of a Judge

Of Judicial Procedure in general

understood, the business of procedure has written in narrow
compass. Means of proof/probation and means of execution — this.
obtained and/obtained and duly/rightly employed, the business is done: probative of the existence
or an existence of some alledged matter of fact: execution given to a perfect and <add>an ordinary
arrangement of
the law, ordinary what<l/>shall be done in favour
and at the suit instance of a
person in whom in
order of some portion of
the mass of law the existence
of a that same certain matter
of fact is stated in
conferring on him a<lb?>right or title to some
a certain service at
the hands of a Judge
a service which consists
in procuring at the hands
of another person a certain
other service.</add>

2
To any eye accustomed
to grasp the whole field
of the subject and place
over it in all directions
the whole mass of the arrangements
necessary
will be transparent.

To an eye by which the whole field of the subject is
grasped, and which can carry itself over the whole experience
in any duration at any time, the whole contents mass of the contents
presents a transparent image spectacle

3
Evidence is
to of
existence.

Synonymous to Proof is in the length of English law the word
Evidence: is a term a relative appellation:
one appellation employed for the designation of any matter
of fact, considered or tending to produce in the mind a
pursuance relative to the existence or non-existence
of any other matter of fact in this latter may in relation
to the former be termed the principal matter of fact, the subject matter
of evidence is the fact evidenced to or the fact in
evidence or the facts in question.

4.
Evidence if matter of fact considered in tending to produce in the mind it is presented to, belief as to In : 1. Principal
evidentiary do

Considered in respect of its mode of its application
of the application made of it to the purpose of producing
such provenance — about it is distinguished the end distinguished
not direct and circumstanced.

5
Evidence is direct in so far as the belief is producible without the of a of any other matter of fact: circumstantial in so far as by means of
such interpretation: from which it he infers the existence of some fact he does not

The evidence afforded by an a source of evidence
is either direct or circumstantial

It is direct or say immediate in so far as it contributes to produces or helps to produce
the pursuance of the existence or of the non-existence of this
without the intervention of any other matter.

It is circumstantial or say indeterminate, in as
far as without producing, or of itself helping to produce without the help of any other matter of fact
such through the any of some other the matter of fact, namely gap/> the way
of inference: from which a more he infers the existence of something else which he does not procure.



Identifier: | JB/055/001/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1823-11-13

Marginal Summary Numbering

1-3

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

001

Info in main headings field

Constitutional Code or Procedure

Image

001

Titles

Introduction / Of Judicial Procedure in general

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

E1

Penner

Watermarks

J WHATMAN TURKEY MILL 1822

Marginals

Jeremy Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1822

Notes public

ID Number

17722

Box Contents

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