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14 Oct. 1811
Evidence
Introd
Ch. Preappointed
Taken thus in its utmost latitude the following are the general topics under one or other of which whatsoever there may be occasion to say respecting the provisions proper to be made by the legislator for the creation or preservation of pre-appointed evidence will, it is supposed be found capable of being included Recordando, or 1. Subject matters to which it is applicable 2 Uses or advantages derivable from it, not forgetting the inconveniences to which it is liable to give birth, - on the occasion of the application made of it in these several subject matters or subjects of recordation. 3 Objects or ends proper to be kept in view in the application made of it to these several subjects. 4. Means by which those ends or objects may most effectually be attained.
As to the subject matters they seem capable of being reduced under the four following heads following: viz 1. Rules 2 Contracts taken in that largest sense in which not only Conveyances Engagements and Conveyances but Wills (i.e. Testaments) and all other operations of private and individual will by which under the authority of the legislator rights or obligations are either created, destroyed or modified 3 Miscellaneous matters of fact of a legally operative nature the knowledge of which may, serve - either in respect of their being of a legally operative nature as above /already/ described serve for the direction of the Judge, or on any other account for the information and guidance of the legislator or administrator as abovementioned in the character of so many of the materials of statistic science of so much of a stock of matter belonging to the statistic science.
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Title: [12 July 1807 2 Letter V]Description: 12 July 1807 2 Letter V III. Litigat. prevent. 4. Favour, according to the nature of it, the institution of pre-appointed evidence: recordation of physical events, such as births and deaths recordation, by transcript or abstract, of contracts, (including testaments and other conveyances included) having the effect of creating, confirming or destroying title, whether to things or to services of persons: to property or condition in life: remembering that is is by no means a necessary consequence, that because evidence is in this permanent shape preserved, other evidence touching the same fact must in every case be nullified or excluded: but that such other evidence as the case happens to afford, may be received in failure, or in explanation, or in conviction, or in completion, or in contradiction, of such preappointed evidence. 5. Afford every power and faculty necessary to secure on every occasion the investigation and production of such relevant and necessary evidence as the individual case happens to afford: saving always the case of preponderant inconvenience in the shape of delay, expence and vexation as above.
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Title: [23 June 1805 Evidence Introd]Description: 23 June 1805 Evidence Introd Ch. Non-Notoriety ''.3 Contracts ''. Non-Notoriety in regard to the law of Contracts A particular mischief resulting from non-notoriety attaches upon the law of Contracts: under which, for the present purpose at least, may be understood /comprized/, testaments, and consequences, as well as obligatory arguments and promise. A contract is a particular law, to which in so far as the validity of it is admitted, the legislator lends his sanction. a law in regard to which the initiative power resides in the individual, and which the legislator, so far as he allows the validity of it, and thereby lends the force of the judicial power to provide for the execution of it, confirms and makes his own /adopts as if it were his own/. Two authors at the least may accordingly be seem contributing to the formulation of each such law: the contracting party or parties, the instant or [...?] author or authors; the legislator the [...?]. (a) Contracts taken in the aggregate being necessary [...?] to the well-being (such as buying and selling) [...?] (such as marriage) to the very being of society, are generally perceived and understood to be so: and moreover in every civilized community the enforcement of them, by the hand of law, is matter of universal observation to every body. Being the difference between jurisprudential and statutory law (of which in its place) The state of things is therefore in this respect exactly as it would be if in every community a law in these precise words existed and was universally known to exist. Saving particular exceptions whatever contracts are really made, shall be faithfully observed. As every thing that is dear to them comes occasionally to depend upon the faithful fulfilment of those obligations which it is the object of these instruments respectively to impose, men are in the habit of trusting in this way any thing that is dear to them to the good faith of the legislator and his subordinate the Judge. Note (a) This nomenclature has been already applied to the subject; but confined to the single and comparatively narrow case, of this species of contracts, viz: conveyances which are called foundations.
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Title: [3 July 1812 Evidence Introd]Description: 3 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate '.1. 7. Mode of guarding the breast of the judge from the deception liable to be produced by false and otherwise fallacious evidence. Such are the topics which in respect of their generality presented themselves as [...?] [...?] having a just claim to admission in a work on the subject in general, and in particular such evidence as has for its object a /any/ fact belonging to the class of legally - operative facts.
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