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'' | <head>EVIDENCE</head> | ||
<p><note>rendering his testimony of a transition</note> [To a man's serving <del>of</del> as <add>a witness</add> Evidence] 3 things<lb/> | |||
are necessary. [to an <add>Witness</add> evidence] 1<hi rend='superscript'>st</hi> [Physical<lb/> | |||
power or rather] Knowledge. 2<hi rend='superscript'>d</hi> Legal<lb/> | |||
Power. <add>Competency</add> <hi rend='superscript'>+</hi> <note>+ One might add Physical Power. viz what is taken away by Sickness, Imprisonment &c</note> 3<hi rend='superscript'>d</hi>. Motive or Inducement<lb/> | |||
The 1<hi rend='superscript'>st</hi> is what the Law <add>must</add> finds in a man.<lb/> | |||
the 2<hi rend='superscript'>d</hi> what it <add>should</add> leaves him. & the 3<hi rend='superscript'>d</hi><lb/> | |||
what it <del>gives</del> <add>becomes sometimes necessary that it should set</add> [often<del>]</del> sets] itself to work to<lb/> | |||
give him.</p> | |||
<p>[The 1<hi rend='superscript'>st</hi> is out of the reach of the Law to give<lb/> | |||
or to take away]</p> | |||
<p>Its endeavours to give <add>measures <del>for</del> giving</add> a man the last, should<lb/> | |||
be subordinate to its precautions for leaving<lb/> | |||
him the 2<hi rend='superscript'>d</hi>. <note>Such is the dexterity with which it has often <sic>happend</sic> that this business has been conducted</note> If he has not competency,<lb/> | |||
there is an end of him as a witness.<lb/> | |||
<note>Thus it is <add>is the way</add> with unskillful workmen to <del>pull down</del> <add>while they build</add> with one hand <del>while they <gap/></del> <add>to pull down</add> with another.</note> But a motive may not be wanting to him,<lb/> | |||
<sic>tho'</sic> the Law should fail to give him one: because<lb/> | |||
he may have one already of his own.</p> | |||
EVIDENCE
rendering his testimony of a transition [To a man's serving of as a witness Evidence] 3 things
are necessary. [to an Witness evidence] 1st [Physical
power or rather] Knowledge. 2d Legal
Power. Competency + + One might add Physical Power. viz what is taken away by Sickness, Imprisonment &c 3d. Motive or Inducement
The 1st is what the Law must finds in a man.
the 2d what it should leaves him. & the 3d
what it gives becomes sometimes necessary that it should set [often] sets] itself to work to
give him.
[The 1st is out of the reach of the Law to give
or to take away]
Its endeavours to give measures for giving a man the last, should
be subordinate to its precautions for leaving
him the 2d. Such is the dexterity with which it has often happend that this business has been conducted If he has not competency,
there is an end of him as a witness.
Thus it is is the way with unskillful workmen to pull down while they build with one hand while they to pull down with another. But a motive may not be wanting to him,
tho' the Law should fail to give him one: because
he may have one already of his own.
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Identifier: | JB/051/014/002"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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014 |
procedure evidence. competency. 3 requisites in a witness |
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002 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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16179 |
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