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1825. May Dec. 4 1831 July 30
Constitutional Procedure Code. Ch. XIV. Judge Deputes Occasional
§. 3 Power limited
§. 4. Referees Judicatory deputable
1. This not taken to be much in use except for survey.
§. 3. Powers as to persons at large
Art. 1. In relation to persons at large in the
character of proposed Evidence-holders or witnesses, the Judge
Depute a Referee Judicatory has thus the power of accersition
by and exercisable by an accersition requisite
under the signature of the majority any two of the referees,
and in case of non-compliance the proposed individual
accersed is responsible as if accersed by an accersition
mandate coming from the Judge.
Art. 2. But if this Judicatory has not of itself for this or any
other purpose in relation to any person or to any thing the power of prehension:
to obtain for the exercise of this power it must obtain a prehension
mandate at the hands of the Judge principal, or some
Depute specially authorized to issue such subsidiary mandates thus to back
the evidence 3 requiring requisitions of Referee Judicatories
in the case of sickness on his part or absence on outdoor duty.
Reason
Questions likely the power of accersition and not the power of prehension
thus to back the evidence-requiring requisition of Referee Judicatories: and to keep a Depute thus authorized will be amongst
Reasons his constant cares.
Rationale
Instructional
Art. 3. Rationales. If without such authorization, three persons
thus constituted into a judicatory were poss were enabled to invest
themselves with the prehension power and three persons confederates might by means
of a sham collusive suit to their own inflict to and for sinister profit to themselves, inflict
wrong to in an indefinite variety of shapes to an indefinite amount:
they might call off, from their several occupations, adversaries or rivals
in business by long journeys, possess themselves of obtain disclosure
of their secrets in trade, and so forth. On the other hand
if no means were possessed of obtaining evidence except from parties and willing
evidence-holders or witnesses injustice to either side for want of it might frequently be the result.
Identifier: | JB/041/083/001 "JB/" can not be assigned to a declared number type with value 41.
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