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23 Novr 1811 Ch.10 §. 3.
Evidence
§. 3. Of Epistolary interrogation.
In the certain cases in which the employment of the written,
viz. the epistolary, mode of extraction extracting evidence becomes
matter of necessity or convenience what then (it will be asked)
is the description of those cases? In general terms it may be
To For furnishing an answer expressed in general terms, the indication of
two classes of cases may be brought to view: 1. where
by name of ranks up from by the nature of the case,(a) (a) to
as greater time for the formation of a such answer, as shall be necessary to the correctness and compleatness
of the mass of evidence, a greater length
of time, and opportunity of employed in recollection and contemplation consideration is necessary,
than is compatible with extraction the operation the proof of extraction, when performed in the
oral mode: 2. where, by remoteness of the abode of the examiner
from the seat of judicial enquiry, the employment of
the oral mode is rendered either physically or prudentially
impracticable.
For the better security the efficiency of interrogation the interrogative process when
performed carried on in this mode two arrangements, in the character
of subsecurities, are will be brought to view: – for the sense of responsibility
response (as under natural procedure) in the first person, not the as customary under natural procedure in the third: for distinctness,
and and facility of reference, thence also for responsibility, paragraphs
limited in length and numbered.
Of these practical arrangements the practical importance rationale
is particularly developed and in detail: and if, such be
their as is supposed be be the demand for them, under notwithstanding
the security afforded by the an instrument so powerful
as, the principle of the principle of interrogation is under whatsoever disadvantages
applied, the principle of interrogation much more greater must it be in the case in
which the evidence information declaration is delivered without the benefit of any
scrutiny, as in the it cases of an article of special pleadings in an Affidavit a Bill in Equity, an Answer in Equity, an article of
a paper of special pleading at Common Law, or an Affidavit.
Identifier: | JB/047/335/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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andre morellet |
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