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32. Defendant demanding
bondsman as
guarantee for pursuer's
conduct: judge allows
sufficient delay according
to the distance of
the guarantee's domicile
in the citation to the
gavant no need of mentioning
the judgement
authorizing it.
33 Case in which security
shall not be
provided; 1 if not demanded
on the first
appearance: 2. if the
citation has not been
made within the time
allowed. The demand
for security may be
proceeded upon separately.+ + The meaning & the
reason of this distinction.
34. Of a fact which
Judge deems material,
he may order examination
of witnesses.⊞ ⊞ Therefore this examination
does not depend
absolutely on
the parties, as anglice.
35 Provision against
deception witnesses
oath. 2 do's declaration
as to connexion
with the party
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36. Witnesses examined
separately in
presence of the parties
if they appear: power
to them to state objections
reproches, mention if they
do not: after examination
commenced, no reproches
without justification
par ecrit.
37. Witnesses not be
interrupted by parties:
power to Judge to interrogate.
38. Power to judge to
make out door sittings
where view of the
place conduces to the
understanding of the
testimony – and particular
cases specified.
39. In appealable
cases, greffier records
testimony: contents of
the record: judgement
thereupon immediately
or at the premier
audience.x x No arguments then on
the evidence
40. Where from this
Judge there is no appeal:
record none: particulars
which in this‡ ‡Here testimony itself not recorded.
case must be recorded procèivabal
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41. Cases for outdoor
sittings 1. establishing
the state of the spot.
2 estimating damages
42. If needed by him
he convenes scientific
people to accompany
him:+ named by him.
Power to him to pronounce
judgement
on the spot: procès
verbal, dressé by the
greffier. Authentication.
43. In cases unappealable,
procès verbal,
none; particular
some.
44. Cases of peremptory
challenge to
Judge. 1 interest
2. connected, 3 in litigation
with a party,
in a suit criminal
or civil. 4. If he has
given a written opinion
on the subject.†In the designation
of the Judge, the plural
awkwardly substituted
to the singular.
45. Formalities when
Judge is thus challenged.
46. do∮ ∮Inadequate substitute<note>+In the designation
of the Judge, the plural
awkwardly substituted
to the singular.
to the migration system.</note>
47 Judgement at the
instance of Procureur du
Roi, within a week,
neither parties nor Judge attend.
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32. The Judge then is
obliged to make pursuer
find security, needful
or not.
42. Gens de l'art instead
of science,
named by the Judge
not as anglice by the
party.
Identifier: | JB/031/226/001 "JB/" can not be assigned to a declared number type with value 31.
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031 |
code civil |
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226 |
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001 |
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rudiments sheet (brouillon) |
1 |
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recto |
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richard doane |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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9912 |
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