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1824. Jany. 26
Constitutional Procedure CodeCh. Evidence Rules
§. 2. Shape from Penal
II. As to the Shape of the evidence
5. Evidence none received Exceptions excepted,
testimony not received but in in any other than the best shape: that is
to say in the orally and on all parts from all quarters
interrogated shape: for permanence the result committed instantaneously to writing in
proportion as delivered: for correctness, at the request of the speaker copy of the written document delivered
to him, the ori for correction, the original remaining for comparison as a standard of comparison.
6. Exceptions are: 1. Where it is re
6. When received in the one or other thence the best
Grounds of the exceptions.
shape not as is received provisionally only, and 1. Absolute Impossibility of obtaining the evidence in any better
subject to subsequent scrutiny in the best shapes shape. In this case is all evidence consisting of a declaration
or statement made by a person who by death, or irremediable
absence infirmity or any other cause is placed out of the reach of
effective interrogation.
6. Exceptions are as follows
2. Relative impossibility: impossibility otherwise than in the condition
of producing preponderant evil in the shape of delay vexation and expence.
1. Where it is received in the shape of Affidavit
evidence: i.e. in the epistolary or ready-written
form without read written without
previous adverse interrogation, and spontaneously delivered.
7. 2. Where it also in the ready written in the same ready written
it is delivered in compliance with interrogatories
delivered and received expressed also in the ready-written
form.
8. 3. Where it of necessity it is received in
divers makeshift forms: irregular forms by which it is rendered
inferior in point of trustworthiness to the above most
eligible form.
As to these For these as to details see Procedure Code. they The
In comparison of the occasions on which the decision
wil may and will have for its sole ground evidence
delivered in the best shape, the number of those in
which evidence in those makeshift forms will require
to be received is will be very inconsiderable. Nor in those
cases is the danger of deception and consequent misdecision
other than very inconsiderable: for in each the instance
of each the cause of comparative untrustworthiness is obvious
and when once brought
to view the tendency efficiency of
it can not but be
acknowledged.
Identifier: | JB/055/153/001"JB/" can not be assigned to a declared number type with value 55. |
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