JB/056/199/001

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1827. Novr. 3 +
Law Amendment.

Propositions
Ch Procedure
§.1 Beginnings

Ch. Procedure
§.1

1
Procedure main
end giving execution
& effect to the main
body of the law

1 System of The End of Procedure its end. The Sole legitimate one —
giving execution and effect (a) to the main body of the law: to
every part of the law but itself; and to itself likewise: and
this with the best quantity possible of delay vexation and expence

2
Ultimate end exclusion
of needless delay
vexation & expence

Means and of the giving execution and effect as above: utter
and brazen exclusion of all unnecessary needless delay vexation and expence

In As well by non-execution as by misexecution is the
execution art comprized avoidance execution
and avoidance of non-execution. By misexecution and
non-execution the main end is alike

3
Sole ground of
judicature. Evidence
1 direct 2 circumstantial

In addition to the arrangements made by law, <add>the judicature
has for its operations of the Judge has for their sole ground evidence. Evidence is either
direct or circumstantial. direct evidence is composed of statements
made by persons speaking as</add. in the character of witnesses circumstantial,
of inferences drawn by those witnesses or by the Judge
from their evidence.

5
circumstantial evidence
are where direct
evidence deceptious

The power of the Judge degree in which it is in the power
of the Judge to give execution and effect to the law depends altogether
upon the verity of the statements made to him as above, except
w in so far as from falshood <add>falsity in any part he infers the
opposite and correspondent truth: in this case the evidence which in the character of direct evidence
if credited would be deceptious, and in result prevented him from giving execution and effect to the law, furnishes a stock of circumstantial evidence which is because rightly instructive, and contributes to giving execution and effect to the law

Note (a) Quere whether to be inserted?

(a) [Execution and effect] Execution alone will not always suffice
for my some point of inadequacy infirmity on the aprt of the law, exact compliance
with its ordinance may have been manifested by the Judge, and
yet the effect aimed at not produced, such for example will be the
case where in so far as by the expence of procedure for a debt the substance of the
Defendant has bee exhausted, before the debt is paid. effect alone will
not suffice: for if effect may be given to the substantive branch of the law
otherwise than by due execution, by the performance of the operation prescribed more
more mischief may be the
result where effect had not
been produced at all: if for
example a stranger were
to serve the goods, if the debtor
by unauthorised force and gave them to the creditors.

Identifier: | JB/056/199/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-03	Marginal Summary Numbering	1-5
Box	056	Main Headings	Law Amendment
Folio number	199	Info in main headings field	Law Amendment
Image	001	Titles	[[titles::Ch. [ ] Procedure]]
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D1 / E1
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18255
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