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1827. Novr. 4 +
Law Amendment.
Propositions
Ch Procedure
§ Next to Applications & Suit
Evidence elicitation
Proposed System
The
1
Inadequate existing language as
to evidence
Inadequate and so far as it extends ill-adapted misadapted to its purpose
is throughout the language of the existing system. In deed of a is indispensable
He who any thing<lb/.The
in into surprize must frequently
be make or bespeak his
own he who proposes this
thing new a judged
legislation substantive or adjective,
must will have
frequent need to form his
own words and phrases
All that exists his
. New appellations
are take for it is put up in
bundles, new appellations
must be made for
: throughout
the all-comprehensive
2
Evidence personal, real
or written — Written is
penwritten or quasi written
Evidence Considered in respect its source, its shape, its source and evidence . Personal
real is written; written is personal through real. Written is
penwritten or quasi-written: Quasi written expressed by instrument
or instruments any other than a pen — as the tool
the printing press old and lettergraphic and so forth.
3
evidence holders are 1 proposed
narrating witnesses 2 holders
of real or written sources
of evidence
Evidence holders are — of personal evidence proposed narrating
witnesses of evidence real and written the possessors of
those in whose possession controlling or power is the source of information the evidence
5
Mode of elicitation
1 Reception 2 extraction
Evidence modes of elicitation — reception and extraction: reception
in so far as the elicitation the in the obtainment of it the part occupied by the elicitation
is purely passive: extraction, in so far as it is active,
to wit by proposition of questions stiled when compliance is
attached to their interrogation when committed to writing: the elicitation, reception, the evidence delivery
spontaneous; evidence extracted,
delivery responsive
4
Evidence holders 1 litigant
2 non litigant
<add>Evidence holders in general witnesses in particular are
either witnesses are litigant or non litigant: litigant
<del.as the parties to the suit in the character of evidence
holders, but more particularly as that of narrating or
proposed narrating witnesses.
considered with reference to contiguity as
between the elicitation and its source evidence is either immediate
or unimmediate say more intelligibly though
not always accurably plurimediate: in thecase of plurimediate
elicitation the evidence the information intermediate channels conduits
may be in any number composed constituting the
choice of a composed of any number of Most
commonly the will be all of their narrators.
But some of them may be co of the nature of personal, others of real
other written evidence
6
Evidence elicitation
1 immediate 2 investigatory
Elicitation is accordingly is either immediate or investigatory
or say investigators
Identifier: | JB/056/213/001"JB/" can not be assigned to a declared number type with value 56. |
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18269 |
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