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3 July 1812
Evidence Introd
Introd
Ch 23 Technically appropriate
'.1. Sketch Law
Of technically appropriate evidence: i.e. of evidence considered as regulated by the pleadings and other proceedings in the case.
'.1. Technically appropriate evidence under statute law.
After all that, in the course of this work, hath as yet been said on the subject of evidence though now brought to a close - a conception which by a professional reader at least will be apt to be entertained, is - that of the proper field of evidence a full moiety remains still unvisited.
But if of this supposed remaining moiety the particulars be looked into, it will be found that if it can not be said of them with strict truth that of the questions /subjects therein touched /treated/ upon there is not one that bears any relation to evidence, yet at any rate that there is not one of them the mention /consideration/ of which could with propriety find a place in a work which, like the present one, has for its subject the nature of evidence considered as such and without reference to the nature of the particular fact individual fact or sort of fact /individually or specifically considered/ to the proof or disproof of which it is desisted.
The question whether heat be itself a particular sort of body, or only a mode of being of which all bodies are susceptible, is a question of evidence, since it is in the ground of evidence that it is discussed, and by the light of evidence, if ever, and by any thing, that it will be determined. But this being admitted, it is a consequence that will not follow is, that the question whether heat be a body or no is a question fit to constitute part of the contents of a work on the subject of evidence.
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Title: [3 July 1812 Evidence Introd]Description: 3 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate '.1. Such being the proper contents of a book /work/ on the subject of evidence, what is the sort of matter which, and not altogether without use or propriety has been inserted into and formed the latter and greater part of this work, in which, for /with a view to/ the use of the English lawyer, the subject of evidence has been treated of? It applies itself not only to this and that species of fact in particular considered in the character of a legally operative fact, but to the mode in which effect which, or proof supposed to be /have been/ made of this or a particular fact of this or that description, has been given to such proved fact, regard being had to his [...?] /nation/ of the instruments as operation or instruments of procedure which under the existing system of technical procedure have been made necessary to the giving in practice that legal effect which to a fact of the species /nature/ in question has been /is/ professed to be given. It belongs therefore - not the subject of evidence considered as independent of and separable from the subject of procedure - judicial procedure - but to the subject of judicial procedure, has yet to the subject of judicial procedure in general /at large/, but to the subject of judicial procedure considered in respect of the particular form that has been given to it in the technical branch of that law of procedure which, in England and these other territories /countries/ of which the law of which has been derived from that of England, had been established.
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Title: [3 July 1812 Evidence Introd]Description: 3 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate A question belonging to the head of technically appropriate evidence is a question that could not have existence over the rule of action real not imaginary consigned to a determinate form of words, not left to be /instead of being/ expressed by each person in his own words at a venture
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Title: [4 July 1812 Evidence Introd]Description: 4 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate '.1. Be this as it may, throughout the whole extent of this field, in every case, some /one/ individual fact at least, it will be seen, is considered as proved: say for example on the plaintiff's side: and then the question is - whether, as the law stands, or is supposed to stand, he should be considered as entitled to the service which he is claiming at the hands of the Judge. Stands so, mutatis mutandis if it be on the defendant's side.
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