JB/055/036/001

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1827. May 11
Procedure Code

12,lbv/>Ch. I. All-embracing Arrangements statements
(10 § 2 Enumeration and explanation

Art 37
VII Recordation By this
operation alone can probation
be re4ndered permanently
& adequately available

67. Recordation or say Registration By this operation can the product of the last mentioned operation to wit probation be rendered permanently
and adequately available to the purpose of Judication

Art 38
So likewise by this alone
can any matter be rendered
fit to be taken for the
subject matter of communication

So likewise, by this operation alone can any matter be
produced in a state offit and apt to be taken for the subject
matter of the next and last mentioned operation, to wit communication.
Comparatively speaking Eminently and manifestly unfit for communication is
all discourse other than such the and the purpose of which
is fixt by the exercise given to that art the universality
of which is so indispensable to correspondent intellectual improvements

Art 39
In two modes may the
result of recordation require
to be performed. 1. Recordation<lb?>of facts known to registrar
without intervention of
other individuals 2. Minutation viz Recordation
of facts assertions
made orally by some other
person. See Const Code
Minutation how

Note that the Forms Note, that For different forms/modes there are in both which, according to the
the produce of the act of recordation or say registration requires to be
exhibited produced. Mode the first consigning to writing facts which without
the of any other individual assistance in the character
of a witness have in virtue of his office come within the
knowledge or supposed knowledge perception or supposed perception of the registrar. Mode the second
committing to writing assertions made by audible and orally
delivered signs by some person other than such Registrars.<lb?> is in this case the appellation by which the
operation is designated. As to this see Const. Code Ch XXII
Judiciary registrars §.5. Minutation how

Art 40
Note the distinction between
oral evidence transformed<lb?>into written evidence by
minutation, and ready
written evidence. The
inferiority or ready written
evidence consists in it's
not having been subjected
to the scrutiny of counter-interrogation
See Ch.
Evidence</note>

By the Now lies a distinction that requires to be made. By
the proof of registration operation say in respect of the continually unfit the the a visible and manually produced and
permanent signs are substituted to the audible, orally produced and
ones: and thus is constituted one species of written evidence.
But another species there is which in respect of form
is in some of its modification very different from and very
to this: understand this is that sort of evidence which before its exhibition
has already been consigned to the written form: say in one word ready
written evidence. The A principal circumstance by which its infirmity is constituted
is — that f its not having been subjected to the scrutiny of contra-interrogation.
To this sometimes it may, it is true, be subjected after it has
has been so produced — after
it has been writ committed
to writing. But still, as will
be seen in its proper place
be seen its probative form
will be in some cases
of being equal to that which it
would have had had its it been elicited in the first instance in the oral mode in the first instance. As to this mode see <Ch Evidence.

Identifier: | JB/055/036/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1827-05-11	Marginal Summary Numbering	Art 37 - Art 40
Box	055	Main Headings	Procedure Code
Folio number	036	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D12 / E10
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17757
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