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<head>1826. <del><sic>Aug<hi rend="superscript">t</hi></sic></del> <sic>Sept.</sic> 1.<lb/>Procedure Code</ | <head>1826. <del><sic>Aug<hi rend="superscript">t</hi></sic></del> <sic>Sept.</sic> 1.<lb/>Procedure Code</head> <!-- some in pencil --> <p><note><sic>Ch.</sic> Exposition beginning</note><lb/>(5 <note>§.</note></p> <!-- in pencil --> <p><note>Means of probation</note></p> <p>In <del><gap/></del> regard to <hi rend="underline">means of probation</hi> the <unclear>identity</unclear> <add><gap/></add> is<lb/>still more entire. <del>The means</del> Be the demand what it may — be<lb/>the <add>appropriate</add> means of execution and effect what it <add>they</add> may, the evidence adapted<lb/>to the purpose of obtaining credence for the <del><gap/></del> <sic>alledged</sic> matters<lb/>of fact in question will be the same the main requisite to be <gap/><lb/>for coming at the service of the evidence and checks it <unclear>presents<lb/>security</unclear> in the best shape will always be the same.</p> <p>True it is that in this case as in that of giving<lb/>execution to the law, the <del>propriety of oblig</del> <add>proper answer to the question whether</add> to obtain the <add><sic>alledged</sic></add> evidence<lb/>or to have it unobtained will depend upon the ratio of a<lb/>lot of evil to a lot of good: the <del>good from the</del> evil in the<lb/>shape of delay, vexation and <sic>expence</sic> for the elicitation of the evidence<lb/>and the good from its conduciveness to right decision —<lb/>in other words the security it affords against <sic>misdecision</sic> and<lb/><unclear>nondecision</unclear>, by either of which execution and effect would be<lb/>prevented from being given to the law.</p> <p>That is the name of half a dozen of different sorts<lb/>of judicatories under the same government each of them for the<lb/>ascertaining of the truth as relating to one and the same <sic>alledged</sic><lb/>matter of fact pursuing a different course in relation to evidence<lb/><del><gap/> <gap/> <gap/>. This</del> In the way they may be — all of them<lb/>and <del><gap/></del> one :in the right, <del>different <gap/></del> courses more than one<lb/>can not be</p> | ||
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1826. Augt Sept. 1.
Procedure Code
Ch. Exposition beginning
(5 §.
Means of probation
In regard to means of probation the identity is
still more entire. The means Be the demand what it may — be
the appropriate means of execution and effect what it they may, the evidence adapted
to the purpose of obtaining credence for the alledged matters
of fact in question will be the same the main requisite to be
for coming at the service of the evidence and checks it presents
security in the best shape will always be the same.
True it is that in this case as in that of giving
execution to the law, the propriety of oblig proper answer to the question whether to obtain the alledged evidence
or to have it unobtained will depend upon the ratio of a
lot of evil to a lot of good: the good from the evil in the
shape of delay, vexation and expence for the elicitation of the evidence
and the good from its conduciveness to right decision —
in other words the security it affords against misdecision and
nondecision, by either of which execution and effect would be
prevented from being given to the law.
That is the name of half a dozen of different sorts
of judicatories under the same government each of them for the
ascertaining of the truth as relating to one and the same alledged
matter of fact pursuing a different course in relation to evidence
. This In the way they may be — all of them
and one :in the right, different courses more than one
can not be
Identifier: | JB/052/465/001"JB/" can not be assigned to a declared number type with value 52. |
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