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Procedure Code
1826. April May 3
From Constitutional Code
Procedure Code
Ch. IX Ministers collectively
§.6. Statistic function
Rule as to the trustworthiness — by rumours
☞ Employed this next Article in Constitutional Code Ch. IX. §. Statistic
Art or 5. Transcribe or 5. Instructional
text
Art. or 5 With a solicitude proportioned to the importance of the occurrence
On receipt of the information through
which so ever channel which so ever form received oral or epistolary at the office it will be the
endeavour of the directing functionaries to trace the evidence it up to
its source that it is to say trace the each alledged fact up to the person or persons who in relation to the
thereto be are alledged to have been stated as having by means of any one or more of the five senses.
occurrence in question have been alledged percipient or alledged
been percipient witnesses.
For the mode of making this investigation see Ch. VI Legislative
§.27. Legislative Enquiry Judicatory.
Instructional
Instructional
Art. or 6. or 6. Of a statement
relative to an occurrence if made by other than a
percipient witness the trustworthiness will
be diminished by every
degree in the chain of
the evidence.
Art or 13 The degree of trustworthiness being supposed
to be the same in all, and in every one unexceptionable unobjectionable
the probative force will be and trustworthiness of any article of information evidence
will be inversely diminished by every reporting witness of the same remove or say grade interposed
between the of the evidence person by whom the evidence information
is elicited, and the alledged percipient witness that is to
say the person to whose senses the alledged matter of fact in
question is alledged to have at the time and place in question
presented itself.
Expositive
7
Art. or 7 If according to the If what the informant
statement made by the
informant, he the informant
says is — that heard A say that he
heard P. the alledged
percipient witness say
that he saw so and so
then is A the an alledged
reporting or say relating
witness of the first grade
or say remove, to wit
from the source: if it be
that what the informant
says is that he heard
A say that he (A) heard
B say that he (B) heard
the alledged percipient
witness say that he saw
so and so, then is
B. a reporting witness of
the first grade, A a reporting
witness of the second
grade, and so on.
Art. or 14 By law a mere alledged reporting witnesses
of the same remove or grade understand those by whom
the same report has been heard from one and the same individual
with in an immediate way without the interposition
of any other reporting witness.
Instructional
Art or 8 or 8 In a chain of evidence
there may to any number
of at the same grade
that is to say any number of
persons who
alledged to have heard at
of 8 continued
in question
at the same time heard
P say so and so. The probative force of
the evidence is encreased by every alledged
marking witness whose alledged state is
in one grade: but not in so good
a proportion as that in which it is
diminished by the number of different
grades.
[+]
[+] 9 Art or 9 Of evidence thus removed from the scene the probative force is much less diminished by the number of removes or grades in the case of worth
scrupulously expressed than in the case of writing expressed evidence or in the case of evidence composedly expressed that is to say as in goods by in the or
goods by any expressed mode in the oral mode. As to this matter see Procedure Code or say Evidence. So also as to the difference in respect
of probative force between scrupulous and quasi scrupulous evidence: discourse by expressed by penmanship and discourse
expressed by printing
or engraving and
the like.
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Constitutional Code; Procedure Code |
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Procedure Code from Constitutional Code |
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