★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1824. Jany. 22
Procedure Constitutional Procedure CodeJuly 3 1825
Quere the three preceding leaves of this, as also the marginals of this sheet
Enactive
§. Indicative evidence – investigative evidence.
12. Exceptions excepted No simply indicative evidence will of itself be
to be received as entering into the composition of the grounds of
an opinative decree declaration of the guiltiness of a
person sounds say into the composition of a mass of conviction
warranting offences. But what will often happen is
that an article of conviction warranting evidence shall be
intimately blended with an article of simply indicative
evidence. Thus suppose John to say saying to the Judge,
Thomas and I saw the act as it was done, so far
as John speaks of it is of himself that John speaks
his evidence is of the conviction-warranting species of evidence: so
far as it speaks of is of Thomas that he speaks
it is simply indicative evidence.
13. The Procedure, in so far as by means of simply indicative evidence
appropriate evidence is endeavoured to be obtained
is stiled investigatorial or investigative. By and from the indicating source
of the indicative evidence, the Judge is led to the source of the evidence
indicated, and thence and thus to the evidence itself.
14. Exceptions excepted, simply indicative evidence is not
fit to enter into the composition of the grounds of decision on
the question of fact.
15. No matter how great the Of the links in a chain
of simply indicative evidence the number multitude is no bar to the
investigation on any other ground than that of delay
vexation and expence. The greater the importance of the suit, and thence of right decision on the occasion
of it, the less will the necessity indispensable
vexation and expence need to be grudged.
16. The penal branch is the branch of judicature in which the demand,
for indicative evidence, in the case in which distinct by divers removes
from the appropriate is most apt to have place. But this is only because
of the superiority of the degree of importance to which a suit belonging to this branch is capable of rising; and
of
importance has no limits but those which the value of money sets to it.
|
Identifier: | JB/055/145/001"JB/" can not be assigned to a declared number type with value 55. |
|||
|---|---|---|---|
|
1824-01-22 |
12 or 1, 13-16 |
||
|
055 |
Constitutional Code; Procedure Code |
||
|
145 |
Procedure Code |
||
|
001 |
Enactive |
||
|
Text sheet |
1 |
||
|
recto |
D4 / E4 |
||
|
17866 |
|||
