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1824. Feby. 11
Constitutional Code

7 IV 163 17
Ch. XI Costs Judiciary Collectively
§. Procedure First Lines
§.3. Costs

Ch. XI Judiciary Collectively
§. Procedure First Lines

66.
II. So as to possessors of
ready written & sources
of real evidence. Endless
as well as fruitless
may be the visits pd to
them by the Attorney:
& however treacherous.
Singularly imprudent
must he be if his treachery
is manifested so as
to hurt his character.

67.
Sad the state of a party
who, being in the
right, instead of direct
intercourse with the
Judge at the commencement
of the suit, is
forced to employ middleman.
Gratuitous or
mercenary, middleman
has no such
power as Judge has
over percipient witnesses,
or possessor of
ready written or sources
of real evidence
Gratuitous has no power
to serve him:
Mercenary no power
to serve him, but
power in abundance
with inducements
to disserve him

68.
Thus, under hitherto
established system,
no man can seek
support to his cause
but thro' a host of natural
enemies, each
irreconcilable all
irresistible.


---page break---

Ch. XI Judiciary Collectively
§. Procedure First Lines

60 contind
When at last suffered
to see the Judge
who shd. have seen
him at first, he finds
himself at the mercy
of a man who is as
much an enemy as
any of them, linked
with them by a community
of sinister
interest, and interest
begotten sympathy:
head of that class, by
whose power they
have been rendered
what they are, and
from the ever successful
machinations of
which, their power of
oppressing & plundering
him has been derived.

69.
Evil 7. vexation and
expence to persons convened
as witnesses on
insufficient grounds.
Anglicé, this not inconsiderable.

To Atty, falsely supposed
or pretended percipient
Witness affords no less
profit than he whose
testimony wd be desirous.

On the Atty. no responsibility
on this score.
How useless soever to
party, & vexatious to
himself, his attendants,
it is not the less obligatory.


---page break---

70.
Cut off on the here
proposed plan wd.
be this source of uncompensated
vexation.
For the relevancy
the party calling
for it wd. feel responsible.

Cases in which the
order for appearance
wd. be refused, and
the vexation saved.
1. Testimony not promising
to be sufficiently
probative.
2. Of do the service
to Justice not preponderant
over the
vexation & expence
inseparable from the
delivery of it.




Identifier: | JB/052/050/001
"JB/" can not be assigned to a declared number type with value 52.

Date_1

1824-02-11

Marginal Summary Numbering

66-70

Box

052

Main Headings

constitutional code; procedure code

Folio number

050

Info in main headings field

constitutional code

Image

001

Titles

judiciary collectively / procedure first lines

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d7 / e7 / f163

Penner

john flowerdew colls

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

16723

Box Contents

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