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<p><!-- pencil -->14 Apr. 1803</p>
''This Page Has Not Been Transcribed Yet''
<p><head>Ch. 2.  <del>Introduction</del> Connection between <add>Judiciary</add> Evidence and Procedure</head></p>
 
<p><del>Put part in definition of Evidence <gap/> format in the preceding Chapter – applying it<lb/>
 
to Religion <gap/> Physics – Evidence &amp;c</del></p>
 
<p><add>Evidence, meaning judiciary evidence</add> Evidence is the <add>all-comprehensive</add> name given to all <add>any</add> matters of<lb/>
fact facts <del>real</del> or supposed facts <add>fact</add>, on the occasion of their <add>in contemplation of its</add><lb/>
being presented or in contemplation to be presented to<lb/>
the cognizance of the <add>a</add> Judge, in the view of producing in<lb/>
his mind, a persuasion concerning the existence of some <add>other</add> fact <add>say for this purpose a <hi rend="underline">principal</hi> fact</add> by which supposing the<lb/>
existence of it established, a decision to a certain effect would be called for at his hands.<lb/>
his mind a persuasion affirming or disaffirming the<lb/>
<add><del>The fact, by which the immediate contemplation consideration of what</del></add>existence of some <add>other</add> principal fact or facts, the effect of<lb/>
which if believed will be, <add>either to prescribe, or to prohibit, on</add> to call for a decision on<lb/>
his part, <add>a decision</add> the <del>effect of which will be to</del> subjecting some party<lb/>
or parties to some punishment or punishments, <del>to</del> conferring<lb/>
on some party or parties some right, or producing <add>giving birth to</add> both<lb/>
those effects at the same time.</p>
<p>Of the immediate modifications, the proximate distinctions – of which<lb/>
a judicial decision is susceptible – distinctions determined by its effects<lb/>
on the interest of the contending parties – <del>not</del> <add>a view will be given</add> mention will occurr a little further<lb/>
on.</p>
<p>The exhibition of evidence, though a leading and<lb/>
principal step is still but one step in the series of<lb/>
steps or proceedings the regulation of which is the occupation <add>function</add><lb/>
of the law of Procedure meaning Judiciary Procedure.<lb/>
Steps taken in relation to evidence are<lb/>
therefore but a part, though a principal part, of the<lb/>
steps taken on both sides <add>on all sides</add> in the career of Procedure.<lb/>
Regulations made <add>concerning</add> in relation to <add>on the subject of</add> Evidence, are accordingly<lb/>
but a part, though in importance at any rate<lb/>
howsoever it may be in bulk but a small part of the<lb/>
mass of regulations made on the subject of Procedure.<lb/>
Whatever are the proper ends to be aimed at, <add>and by such</add> in the<lb/>
<del>regulation of</del> <add>regulations as come to be made on the subject of</add> the course or system of Procedure, these<lb/>
and no others will be the proper ends to be aimed at, in<lb/>
and by such regulations as may come to be made on the subject of <add>Judiciary</add> Evidence.</p>
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Revision as of 04:54, 13 June 2022

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14 Apr. 1803

Ch. 2. Introduction Connection between Judiciary Evidence and Procedure

Put part in definition of Evidence format in the preceding Chapter – applying it
to Religion Physics – Evidence &c

Evidence, meaning judiciary evidence Evidence is the all-comprehensive name given to all any matters of
fact facts real or supposed facts fact, on the occasion of their in contemplation of its
being presented or in contemplation to be presented to
the cognizance of the a Judge, in the view of producing in
his mind, a persuasion concerning the existence of some other fact say for this purpose a principal fact by which supposing the
existence of it established, a decision to a certain effect would be called for at his hands.
his mind a persuasion affirming or disaffirming the
The fact, by which the immediate contemplation consideration of whatexistence of some other principal fact or facts, the effect of
which if believed will be, either to prescribe, or to prohibit, on to call for a decision on
his part, a decision the effect of which will be to subjecting some party
or parties to some punishment or punishments, to conferring
on some party or parties some right, or producing giving birth to both
those effects at the same time.

Of the immediate modifications, the proximate distinctions – of which
a judicial decision is susceptible – distinctions determined by its effects
on the interest of the contending parties – not a view will be given mention will occurr a little further
on.

The exhibition of evidence, though a leading and
principal step is still but one step in the series of
steps or proceedings the regulation of which is the occupation function
of the law of Procedure meaning Judiciary Procedure.
Steps taken in relation to evidence are
therefore but a part, though a principal part, of the
steps taken on both sides on all sides in the career of Procedure.
Regulations made concerning in relation to on the subject of Evidence, are accordingly
but a part, though in importance at any rate
howsoever it may be in bulk but a small part of the
mass of regulations made on the subject of Procedure.
Whatever are the proper ends to be aimed at, and by such in the
regulation of regulations as come to be made on the subject of the course or system of Procedure, these
and no others will be the proper ends to be aimed at, in
and by such regulations as may come to be made on the subject of Judiciary Evidence.


Identifier: | JB/058/014/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1803-04-10

Marginal Summary Numbering

[[marginal_summary_numbering::1-2, 2 [sic]]]

Box

058

Main Headings

evidence

Folio number

014

Info in main headings field

introd. ch. 2 evidence

Image

001

Titles

ch. 2 connection between judiciary evidence and procedure

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1

Penner

jeremy bentham

Watermarks

1800

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

1800

Notes public

"supposed superseded by the rationale"

ID Number

18683

Box Contents

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