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1824. Jany. 25
Constitutional Procedure CodeCh. Evidence – Rules
§. Source and
Seen 1825 July 3
Of these few three leaves
Marginals copied.
Text not revised. July 5 1825
§. Rules as to Evidence
By evidence and or a piece or article of evidence understand any
matter of fact as to the source of the evidence, considered as tending to produce belief or disbelief of the existence
of any other matters of fact: the latter call the principal, the former the evidentiary matter of fact.
1. In his own behalf the evidence of every person person party litigant or
party to the suit in question is receivable.
receivable. Thus in As are to pen non-penal, so in a penal suit.
2. Exceptions excepted, At the instance of any adverse party the evidence
of every person party to the suit in question is exigible. As in a non-penal,
so in a penal suit.
3. Neither for any self-regarding sympathetic or antipathetic interest he may have in the suit
nor for improbity in any shape is the evidence of any
person not a who is not a party to the suit
excludible.
4. For preponderant inconvenience in the shape of
delay vexation and expence, the faculty power of exacting causing
evidence to be exacted from a person who is not a party to the suit may be denied.
5. So, from a party to the suit.
6. Exclusion of evidence is a licence to commit if there be no other evidence, every commissible crime upon the
person body and in the presence
of the person
whose evidence is
excluded.
5. 7. Suit suppose for the value of one day's labour
of the lowest paid labourer: value of indispensable expence and vexation
on the part of a person whose testimony is necessary but sufficient
to form a ground for the demand, a hundred days labour:
at his own expence the desired witness will not be required to attend.
But If the a defendant on being judicially and addressed in the epistolary
mode a defendant denies the fact and contests the evidence, then if
in such denial mendacity or insincerity is be suspected, the
Judge, if this applicant or other pursuer upon advance made
of the money by the pursuer, will cause transmitt the
accersitive order to the extraneous witness with the money annext: on whom the cost
shall ultimately rest will thereupon depend upon the event of the suit
as above.
8. For the act exaction extraction of self prejudicing self-differing
evidence from a party by a party on the opposite side
nothing no op no such operation as can with any propriety
be termed compulsory is can be necessary. A question is put to
him: he answers makes answer or not or forbears to answer as in his view of the matter
is most conducive to his purpose: if he forbears to answer
his silence constitutes coupled with and explained by the question,
constitutes an article of circumstantial evidence: inferences are
deduced from it. All
that is requisite is liberty to the adverse party or whoever else it is to put the question, with liberty or order to other persons to put down the answer or in case of
silence a memorandum of it.
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Procedure Code |
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