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1825 June 28 + Enactive
Procedure CodeCh. Evidence
§. Deception mode
July 3. The Marginals copied. Text not revised.
§. Deception and fallaciousness – its modes
Art. 1. In so far as by anything presented to his
senses in relation to any matter of fact an erroneous
opinion productive of a decree in any respect erroneous is
entertained by the Judge, any person by whose agency
such erroneous opinion is purposely or for want of due
caution produced, is in respect thereof compensationally and punishably responsible.
In so far as such error is produced deception on the
part of the Judge has place: the act done has been deceptious and fallacious, the
agent a deceiver, the a .
Art. 2. So for any attempt or propos endeavour
or preparation directed to the production of any such effect.
Art. 3. The Its different species of evidence as constituted
by the different sources from whence opinion or belief in relation
to a matter of fact may be produced, to wit personal testimonial
evidence, real evidence or the evidence of things, and
written evidence which is personal delivered through real
see above Ch. §. Sources of evidence
Art. 4. Thus it is that falshood which is ordinarily
under in the ordinary acceptation of the word is but one
mode in and by which judicial deception with its mischiefs is
producible.
Art. 5. But the mischief consists – not in the act independently
of the effect, but in the effect by whatsoever means produced.
By whatsoever means producible means of repression for
the repression of it are needed: as well as any one case as in
any other.
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