date

3 July 1812 Evidence Introd
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

    In the instance of all these several topics, so extensive is the field to which they every one of them have application, scarce any need or occasion has there been /small indeed has been the occasion which there has been/ to make any particular species of fact in the character of the subject matter of the evidence: and where there has, extensive to a prodigious degree of amplitude has been the species of fact thus brought to view.

    Under the head of circumstantial evidence for example 1. any matter of fact whatever belonging to the class of physical facts - 2. any matter of fact whatever belonging to the class of psychological facts. 3. On the occasion of a series of [...?] action directed to any one common end, among the matters of fact to which such series of action have given birth any which occupying in the order of time a station anterior to this or that other matter of fact considered as evidentiary of it; and vice versa. 4. human delinquency, in whatsoever shape manifested or operating: 5. on the occasion of a script exhibited in the character either of an instrument of contract or a script at large, the genuineness or spuriousness of the script.

    Such in every instance is the amplitude, the prodigious amplitude of the only species of facts which in the occasion /in the course/ of a work having for its subject evidence in general or legally operative evidence in general it seemed necessary or proper to bring to view.
  • Title: [3 July 1812 Evidence Introd]
    Description: 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.
  • 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.