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pronounce it inadmissible – to pronounce it admissible – to
pronounce it admissible – such in the exercise of such authorities i the alternative in practice.
14 Apr. 1803
Evidence
The admission the reception of the evidence being decided
upon – then according to the problem as above stated would come
in its full force – the question to which the decision incurring pronouncing
the admission of the evidence presents, it will may be observed, no answer –
-able the evidence being admitted what shall be the weight – the
degree of persuasive force ascribed to it? But to this second question
no answer is given in any of these books. None by the
legislator. The only question to which in any part of its exist
extent the legislator properly so called so entitled intituled is the question concerning
competency as above explained – concerning admissibility – concerning competency
as above explained. Evidence of such and such
a description which by the judicial authority had been pronounced
inadmissible shall be received. Not by the judge judicial
authority standing in the place of the legislature and establishing
exercising authority on the having the effect of legislation
in the way of Common Law. To admitt it
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