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<!-- headings and margin notes in pencil --> <head>Procedure — Judicial Establishment</head> <p>12 April 1804</p> <p><note> <sic>Ch</sic> Session Uninterrupted<lb/> <sic>Cont.</sic></note><lb/> (2 </p> <p><note>5<lb/> A session of procedure<lb/> (judicial establishment<lb/> included) <del>which</del> is<lb/> incompetent to its object<lb/> so far as it suffers evidence<lb/> to be lost, for<lb/> want of taking it at<lb/> the <add>only</add> <hi rend="underline">time</hi> at which it<lb/> is to be had.</note></p> <p>All justice depends upon evidence In all cases, the justice<lb/> of the decision depends upon the evidence on which it is grounded.<lb/> <add>decision excepted</add> The collection of evidence is the principal function of a <lb/> court of judicature. Under a <del> perfect</del> <add>well-ordered</add> system of legislation —<lb/> under an unambiguous and all comprehensive body of statute<lb/> law — it would be <add>the</add> only one <del>preparatory to the decision.</del> <!-- bracket in pencil --> [Evidence<lb/>must be had when it is to be had or not at all.] There<lb/> is not an instant of him at which it may not happen that<lb/>evidence is to be had, which, if not had at that particular<lb/> instant, will never be to be had at all. A judicial establishment<lb/> an activity <add>action</add> of which undergoes an unavoidable suspension, though<lb/> it be for a moment, is therefore <add>is by far</add> essentially incompetent to its object, is<lb/> in so far destitute of necessary powers unfit for its purpose.</p> <p><note>6<lb/> — or at the only<lb/> <hi rend="underline">place</hi> at which it is<lb/> to be had.</note></p> <p> Evidence must be had, not only <hi rend="underline">when</hi> but <hi rend="underline">where</hi> it is<lb/> to be had. In most instances, and in the instance of most species<lb/> of evidence, it may be to be had any where. But <del><gap/></del> instances<lb/> are not wanting in which being <sic>fixt</sic> to a particular spot,<lb/> if not received at that spot it will not be to <del><gap/></del> <add>had</add> received it all.<lb/> Personal, real, written; this is the case with every one of the those<lb/>grand and <add>together</add> all comprehensive classes <add>divisions</add> of evidence.</p> <p> A judicial establishment the activity <add>custom</add> of which is not <add>upon occasion</add> capable<lb/>of applying itself to every place whatsoever within the sphere of its<lb/> own geographical jurisdiction at least — not to speak of foreign<lb/> jurisdictions — is essentially incompetent to its object is <foreign>pro <lb/> tanto</foreign> destitute of necessary powers.</p> | |||
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Procedure — Judicial Establishment
12 April 1804
Ch Session Uninterrupted
Cont.
(2
5
A session of procedure
(judicial establishment
included) which is
incompetent to its object
so far as it suffers evidence
to be lost, for
want of taking it at
the only time at which it
is to be had.
All justice depends upon evidence In all cases, the justice
of the decision depends upon the evidence on which it is grounded.
decision excepted The collection of evidence is the principal function of a
court of judicature. Under a perfect well-ordered system of legislation —
under an unambiguous and all comprehensive body of statute
law — it would be the only one preparatory to the decision. [Evidence
must be had when it is to be had or not at all.] There
is not an instant of him at which it may not happen that
evidence is to be had, which, if not had at that particular
instant, will never be to be had at all. A judicial establishment
an activity action of which undergoes an unavoidable suspension, though
it be for a moment, is therefore is by far essentially incompetent to its object, is
in so far destitute of necessary powers unfit for its purpose.
6
— or at the only
place at which it is
to be had.
Evidence must be had, not only when but where it is
to be had. In most instances, and in the instance of most species
of evidence, it may be to be had any where. But instances
are not wanting in which being fixt to a particular spot,
if not received at that spot it will not be to had received it all.
Personal, real, written; this is the case with every one of the those
grand and together all comprehensive classes divisions of evidence.
A judicial establishment the activity custom of which is not upon occasion capable
of applying itself to every place whatsoever within the sphere of its
own geographical jurisdiction at least — not to speak of foreign
jurisdictions — is essentially incompetent to its object is pro
tanto destitute of necessary powers.
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Identifier: | JB/057/058/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-04-12 |
5-6 |
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057 |
evidence; procedure code |
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058 |
procedure - judicial establishment |
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001 |
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text sheet |
1 |
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recto |
d4 / e2 |
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jeremy bentham |
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18388 |
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