JB/052/082/001

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GB. 1825. March 4.
Procedure code

B III
Ch. 11 Transference
§. Transference

1.
Transference of suits
Judges option as to Judicatory
whether Pursuers
or Defendants

2.
Pursuers application
supposed to be made
at his ordinary Judicatory.

3.
Judge to decide as to
comparative evils 1. Of
Pursuer's migration to
Defendant's Judicatory
2. Of Defendant's migration
to Pursuer's Judicatory.

4.
Judge will commonly
decide.
1. On pursuer's statement.
2. On his own knowledge

5.
On the occasion of
this decision, power
to Judge to issue Mandate
in contiguous
Judicatories.

6.
If his decision be
to require Defendant's
attendance in another
Judicatory, he
will transfer the
suit accordingly.

7.
The Judicatory in
question will be
that of the proposed
Defendant.

8.
Defendants may be
so numerous, that
compelling their attendance
may be repugnant
to ends of
justice — so to the
providing means of
epistolary correspondence.

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9.
On transference of
suits, Judge will give
to parties the benefit
of proceedings carried
on in his own Judicatory.

10.
Exemplars of the Record
to be delivered.
1. To Pursuer.
2. To proposed Defendant
3. To Judge of Judicatory
to which the transfer
is made.
4. To co-pursuers.

11.
To the same Judge,
a suit-transferring
missive.

12.
Documents to be
contained in the Record.
1. Pursuer's demand
Paper.
2. Statement of applicant's
evidence
3. If applicant a proxy,
statement of Pursuer's
evidence
4. So of co-pursuers
5. So of any extraneous
witness examined.
6. An exemplar of
every Mandate issued.

13.
Transfer of suits
Reasons for
1. Regard for pursuer's
interest.
2. Regard for Defendant's
interest.
3. Regard for general
interests of Justice

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14.
Case where reason
may be a general
regard for interests of
justice. General appearance
of falshood
in applicant's Testimony.

15.
If transference for
Pursuer's benefit
alone, transfer to be
left to Pursuer's option.

16.
If for other reasons
power to Judge to
compel pursuer's
compliance.

17.
Grounds of transfer
to be made known
to the recipient
Judge.

Identifier: | JB/052/082/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-04	Marginal Summary Numbering	1-17
Box	052	Main Headings	procedure code
Folio number	082	Info in main headings field	procedure code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16755
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