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<head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 17<lb/>Law Amendments.</head> <p><note>2<hi rend="superscript">o</hi><lb/>Propositions<lb/>§ Procedure</note></p> <p><note>Beneficial effects<lb/>as to elicitation of truth</note></p> <p><add>In every case whatsoever it be</add> Beneficial effects, conducive to the elicitation of the truth<lb/><del>in every case <gap/></del> possessed by this mode of procedure are the<lb/>following</p> <p><note>1 It enables the Judge<lb/>to obtain essential evidence<lb/>otherwise unobtainable</note></p> <p>1. By means of information not fit to | <head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 17<lb/>Law Amendments.</head> <p><note>2<hi rend="superscript">o</hi><lb/>Propositions<lb/>§ Procedure</note></p> <p><note>Beneficial effects<lb/>as to elicitation of truth</note></p> <p><add>In every case whatsoever it be</add> Beneficial effects, conducive to the elicitation of the truth<lb/><del>in every case <gap/></del> possessed by this mode of procedure are the<lb/>following</p> <p><note>1 It enables the Judge<lb/>to obtain essential evidence<lb/>otherwise unobtainable</note></p> <p>1. By means of information not fit to enter of itself into<lb/>the composition of the mass of evidence constituting the ground<lb/>for definitive judgment, it enables the Judge to <del><gap/></del> come at<lb/>and obtain <add>such</add> evidence in that respect fit, as without it would<lb/>not be obtainable: from information <add>the statement made</add> for example <del>afforded</del> by a party<lb/>who was not in relation to the <del>p</del> matter of fact in question a principal<lb/>witness information of a person who in relation to that same<lb/>matter of fact was a principal witness: thus through distinguishable<lb/>channels in any number tracing a current of information <add>evidence</add> up<lb/>to its source <add>to the fountain head.</add></p> <p><note>No such faculty<lb/>afforded by Common<lb/>law Procedure</note></p> <p>No such faculty is afforded in and by the mode of<lb/>procedure in use in any <add>of the great</add> Courts of Common Law</p> <p><note>nor by Equity procedure</note></p> <p>No such faculty is afforded in and by <del>any of</del> the<lb/>mode of procedure in use in the Equity Courts</p> <p><note>nor by Roman law<lb/>Courts procedure</note></p> <p>No such faculty is afforded in and by the mode of<lb/>procedure in use in any of the Courts the procedure of which<lb/>is derived from the <sic>antient</sic> Roman Law — that is to say — the<lb/>Admiralty Courts and the Ecclesiastical Courts.</p> <p><note>Usefulness of this<lb/>faculty not dependant on<lb/>the name of the Judicature<lb/>alike useful in all</note></p> <p>It will scarcely be maintained that the usefulness of<lb/>this faculty depends upon the name that happens to have been<lb/>given to the judicatories by which it is possessed and the Judicatories<lb/>by which it is not possessed: <del>and that which its ab</del> or that of<lb/>and of its <add>is unquestionable</add> utility in <del>civil</del> <add>penal <del>case</del></add> cases of the highest importance as <add>in the case of pleas</add><lb/>well as in cases <del><gap/></del> penal or civil of the <del>slightest</del> <add>lowest</add> degree of importance<lb/>or the case of an information before a <add>single</add> Justice for an offence<lb/>punishable with a shilling fine, or a claim <del>for</del> <add>of</add> compensation in cases<lb/>in which a mass of property to any amount may be at stake, or<lb/>in a suit at Common Law or Equity.</p> | ||
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1827. Octr. 17
Law Amendments.
2o
Propositions
§ Procedure
Beneficial effects
as to elicitation of truth
In every case whatsoever it be Beneficial effects, conducive to the elicitation of the truth
in every case possessed by this mode of procedure are the
following
1 It enables the Judge
to obtain essential evidence
otherwise unobtainable
1. By means of information not fit to enter of itself into
the composition of the mass of evidence constituting the ground
for definitive judgment, it enables the Judge to come at
and obtain such evidence in that respect fit, as without it would
not be obtainable: from information the statement made for example afforded by a party
who was not in relation to the p matter of fact in question a principal
witness information of a person who in relation to that same
matter of fact was a principal witness: thus through distinguishable
channels in any number tracing a current of information evidence up
to its source to the fountain head.
No such faculty
afforded by Common
law Procedure
No such faculty is afforded in and by the mode of
procedure in use in any of the great Courts of Common Law
nor by Equity procedure
No such faculty is afforded in and by any of the
mode of procedure in use in the Equity Courts
nor by Roman law
Courts procedure
No such faculty is afforded in and by the mode of
procedure in use in any of the Courts the procedure of which
is derived from the antient Roman Law — that is to say — the
Admiralty Courts and the Ecclesiastical Courts.
Usefulness of this
faculty not dependant on
the name of the Judicature
alike useful in all
It will scarcely be maintained that the usefulness of
this faculty depends upon the name that happens to have been
given to the judicatories by which it is possessed and the Judicatories
by which it is not possessed: and that which its ab or that of
and of its is unquestionable utility in civil penal case cases of the highest importance as in the case of pleas
well as in cases penal or civil of the slightest lowest degree of importance
or the case of an information before a single Justice for an offence
punishable with a shilling fine, or a claim for of compensation in cases
in which a mass of property to any amount may be at stake, or
in a suit at Common Law or Equity.
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1827-10-17 |
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159 |
Law Amendments |
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