JB/035/265/001

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6 June 1808

But in Scotland Scottish judi the subject which is the order of
the day is Scottish judicature procedure: and in Scottish procedure
there is no repugnancy to such preparatory discussions "preliminary investigations".
On the contrary, on a recent occasion, they have re
been expressly stated as suitable to the occasion by almost
in an authentic paper signed by three of the Judges of the
Court of Session, and acceded to by eight others almost all the rest.† † Answers of Judges to Questions 1, 8, 9, 10 & 11. August pp. 6 of 7.
Here then in a complex case of this complex to the degree supposed,
the proposed analysis might on the occasion
of such preparatory preliminary investigations, be settled by
a judicial conference, at which shall be present along with
and under the Judge, such professional assistants of the parties as the course
of practice indicates (Advocates,Agents or Writers to
the agent &c) due care being taken to prevent the
intrusion of the parties parties all intruders as the parties, from whom alone information of the facts,
and supposed facts, of the cause, can have come, and
from whose information if present, misconceptions and
misstatements might have been would be in danger of being prevented or rectified
on the spot.

This precaution seems to be implied: for the readiness
expressed by those learned persons to examine witnesses
to be called to Edinburgh from all parts of Scotland
for that purpose – to examine such witnesses, viz. either by
themselves, or what be to their conceptions seems to present
itself as equivalent, by others, has not extended
itself to parties: although parties are the persons from
whom alone come all such facts and supposed facts, on
which the propriety of inflicting this vexation on the
in the character of witnesses (extraneous witnesses) depends.

Identifier: | JB/035/265/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-06	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	265	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10858
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