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<head>1823. <sic>Nov<hi rend="superscript">r</hi></sic> 13 +<lb/>Constitutional Code <add>or | <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/>§.1</note></p> <p><del>Thus can <gap/> <gap/> of <sic>compleat</sic> and <gap/> <gap/><lb/>made 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 <hi rend="underline">probation</hi><lb/>and <hi rend="underline">execution</hi> obtained and<lb/>rightly employed, the object<lb/>is attained: probable the<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 matter 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 the<lb/>situation of a Judge</note></p> <p>Of Judicial Procedure in general</p> <p><add><unclear>Mightily</unclear> understood, the business of procedure lies written in narrow<lb/>compass. Means of proof/probation and means of execution — this.<lb/>obtained and/obtained and duly/rightly employed, the business is law: probative of the existence<lb/>or an existence of some <sic>alledged</sic> matter of fact: execution given to a perfect and/an ordinary arrangement of<lb/>the law, ordinary what<lb/>shall be done in favour<lb/>and at the suit/ instance of a <lb/>person by whom in<lb/>order of some portion of<lb/>the mass of law the existence<lb/>of a/ that same 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 <!-- addition in pencil --><add>any</add> 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 <del>the</del> a transparent image <add>spectacle</add></p> <p><note>3<lb/><hi rend="underline">Evidence</hi> is synonymous<lb/>to <hi rend="underline">proof</hi> of <unclear>matters mere</unclear><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>: synonymous <add>equivalence in the signification</add> or rather if any thing more extensive</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>Evidence 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/>persuasion <add>of</add> relation to the existence or non-existence<lb/>of any other matter of fact — 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>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 — about it is distinguishable the end distinguished<lb/>not direct and circumstantial.</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 a man perceives he infers the existence of some fact he does not procure</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 persuasion 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/>any such persuasion as above, it produces or helps to produce<lb/>such persuasion through the <del>any</del> <gap/> of some other matter of fact, namely <del><gap/></del> the way<lb/>of inference: from <del><gap/></del> which a man procures 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 compleat and
made true
Introduction
1
the compass of procedure:
Means of probation
and execution obtained and
rightly employed, the object
is attained: probable the
existence of some matters of
fact; execution given
to an some ordinance of law:
ordaining a service
which, in of to every
individual matter 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
Mightily understood, the business of procedure lies written in narrow
compass. Means of proof/probation and means of execution — this.
obtained and/obtained and duly/rightly employed, the business is law: probative of the existence
or an existence of some alledged matter of fact: execution given to a perfect and/an ordinary arrangement of
the law, ordinary what
shall be done in favour
and at the suit/ instance of a
person by 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
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.
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 any 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 the a transparent image spectacle
3
Evidence is synonymous
to proof of matters mere
existence.
Synonymous to Proof is in the length of English law the word
Evidence: synonymous equivalence in the signification or rather if any thing more extensive
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
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
persuasion of relation to the existence or non-existence
of any other matter of fact — 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.
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 distinguishable the end distinguished
not direct and circumstantial.
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 a man perceives he infers the existence of some fact he does not procure
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 persuasion 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
any such persuasion as above, it produces or helps to produce
such persuasion through the any of some other matter of fact, namely the way
of inference: from which a man procures 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. |
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1823-11-13 |
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Constitutional Code; Procedure Code |
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Constitutional Code or Procedure |
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Introduction / Of Judicial Procedure in general |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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