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.