JB_082_095.xml

Title: [20 March 1808 Letter V §.6]

Description: 20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Non-forthcomingness of Evidence

Causes

Factitious causes negative and positive

Factitious Causes Negative.

1. Want of an all comprehensive system of arrangements for obtaining spontaneous discovery of persons possessing the faculty of yielding verbal testimony, or having in their custody and power sources of real or written evidence.

2. Want of an all comprehensive system of investigatorial procedure extending to all suits, non-penal as well as penal: and applicable to the tracing out, from mouth to mouth and from hand to hand, of persons and things in the character of sources of evidence-testimonial, real and written evidence.

3. Where on the part of a thing the faculty of yielding real evidence, or, on the part of a person, the faculty of yielding evidence of any description, testimonial, real or written, is in danger of perishing, as by death, expatriation, exprovinciation, absconsion &c, before the time at which, in ordinary course, the evidence in question would be collected; want of an all-comprehensive system of arrangements for collecting in time, and thus preventing the deposition of it.

4. Want of an all-comprehensive system of arrangements for compelling forthcomingness on the part of persons, in the character of sources of evidence, for the purpose of oral examination, in cases in which that mode of collecting evidence is prudentially as well as physically practicable.

5. Want of d o for collecting evidence by epistolary examination when oral is physically or prudentially impracticable or insufficient.

JB_092_200.xml

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.

048-001.xml

Title: [29 April 1803/ 13 Dec. 1808 Evidence]

Description: 29 April 1803/ 13 Dec. 1808

Evidence

Marg. Con B.I Ch.I

F Work that ---- with

Ch.2 Species and book on circumstantial

1. Facts considered in these ---- -- are expressed by words.

2. Ex gr. positive or other nature -- ----- - existence and non-existence

F 1. Facts 2. legally in operation or - material X not Y.

3. Physical or psychological

4. Individual x general

5. Susceptible of permanancy x unsusceptible of to = ------

6. Entities 1. Real x 2. Fictions - words not being names of real entities.

7. Fictions 1. of the first order

2. Motions. physical

2d of the 2d order - ------- 2. Relations including -----.

8. Facts 1. -----

2. Events -----

9. ----- 1. physical -----

2. Moral i.e. physical compounded with psychological

10. Acts 1. Transient 2. ----. See ---- chemical

11. Facts 1. principal 2. evidentiary

12. - principal 1. in penali. Inculpative &c 2. in non-penali - ----- &c

13. 1. simple 2. complex or aggregate which include the ---- -------

14. Fact x matter of fact = a simple fact or an aggregate of facts too multifarious to be demonstrated a fact. Matter of fact = matter of ----, of punishment, of reward.

15. Facts 1. individual x general

16. To individual belongs individuation - to general belongs classification.

FACTS 1

Evidence is relative and consists of facts - evidence of facts: viz: facts exhibited or brought into existence for the sake of proving the existence or non-existence of other facts. Legal evidence of facts considered in a legal point of view = facts legally ---- = material = operative p.1

2(a)

Fact and matter of fact p.1

3.

- for the purpose of grounding a decision to be made by a judge p.1

4.

Facts considered in a legal point of view are principal or evidentiary - This is an introd. ---- to proced.

Principal, what p.2

5.

Evidentiary, what p.2

6.

Principal legal facts admit of a particular description. Any fact may be an evidentiary legal fact. p.2

6(a)

To exhibit the connection between facts principal & evidentiary in all cases an almost endless task.

Reference to book on circumstantial evidence

Principal facts distinguished (as before).

Provable by

Plff Defd

In respect of punishment

1. Inculpative 1. Exculpative

or Criminative or justificative

2. aggravative 2. Exemptive

3. Extenuative

I In respect of the burthen of satisfaction.

1. partitive[?] 1. Exonerative

or -------

II. In respect of rights

1. Collative 1. Ablative

or ---titive or divestitive

FACTS

8. Direct evidence applies to the principal fact: circumstantial to an evidentiary fact p.4

9 Facts ordinary and scientific. p.4

10 Facts improperly distinguished, according to the propositions in which they are

1. positive /affirmative/ or negative p.4

11 - true and false p.4

11(a) Distinction in the Roman law between the fact of the offence (corpus delicti) & and the fact consisting of the personality of the offender p.4.

1 Requiring proof of the corpus delicti is tantamount to requiring real evidenvce in addition to personal.

2 Facts general & particular

3 ---tions of opinion included under the notion of facts. The ---- was the cause of the death

4 Any thing which in the subject of ----- may be termed a fact.

5 Facts are ------ by words - i.e. by terms. Individuation of

6 Facts Facts --- transient (most facts).

- 2.Continual ex gr. identity - local circumstances 3. ------- ---- ----- ---- = concealment

7. 1. Provable by direct evidence - ex gr. materially

2. not except by circumstantial evidence - positively

8 1. ----

2. content[?]

1. -----

2. General

*7 10 Principal fact 1. the aggregate 2. the component or ------ facts of which the aggregate is composed --- ------ ----- ----- is always -------.

F Before the distinction between principal and evidentiary, state that between permanent and ------ permanent appear most susceptible of permanence; ------, unsusceptibel of do.

I. Permanent

1. Relative ---- as between body & body

2. Continued forms, colours &c

3. Continued existence of any object

II Impermanent

1. ---- --- ----

2. Action

3. Past existence of any object

Facts considered without reference to law = not legally operative

2 - with reference to do = legally operative:

12 Fact x law

F Analyse ----- of ---- to shew the facts in it.

Facts psychological are

1. Consciousness with reference to this or that other fact -----

2. Intentionality with regard to acts and effects -----

3. Motives - obedience to this or that motive or mass of motives or preponderant mass or lot of motives.

Facts psychological

1. Individual (as above)

2. General (in point of time) as habits from --- ---- not ----- (---) dispositions (future provable facts) including affections, -----, virtues, vices &c.

13 Dec. 1808 distinctions in regard to facts.

1. 1 ----- x state of things. Events. 1. Acts: 2. Events at large

2. Facts positive or negative: positive existence of events &c. negative non-existence

1. Facts are positive or negative: positive existence; negative non-existence, of some entity.

2. ------ natural 2. ----: ---- correspond to to denominations[?]

3. ------- are 1. physical 2. psychological

4. Physical are 1. things or any -------

5. ------ ----- are 1. of the 1st order 1. states /-----/ of things 2. Events = -------

6. Events are 1. Acts (corporal) 2. ---- at large

7. 2. of the 2d order

1. ------

2. Relations

3. Qualities