JB/052/089/001

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G.B. 1825. March 20.
Procedure Code

P II
Ch IXV Intermediate

1.
For procurement of
Testimony, Judge to
settle whether mode
oral or epistolary.

2.
Exceptions excepted,
mode oral.

3.
Exceptions excepted,
elicitation at Judicatory
where mandate
issued.

4.
Witnesses prehension
adduction Mandate
formulary.

5.
Real or written evidence
required to be
designated.

6.
In cases of compulsion,
Judge to consider
how far objects
of evidence to be
communicated.

7.
In Testification requiring
Mandate,
purposes of Testimony
indicated.

8.
Relation of evidence
looked for to principal
fact in question
either direct or
collateral.

9.
So in case of circumstantial
evidence.

10.
Collateral evidence —
examples
1. Alibi Evidence
2. Character do.
3. Scientific do.
4. Statistic do.

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11.
Sources of complexity
1. Collative fact one
Pursuer unacquainted,
witness acquainted.
2 Collative fact one
Pursuer and Witness
both acquainted
3. Collative facts, two
with one, Pursuer and
Witness acquainted
with the other, two
Witnesses acquainted
Pursuer unacquainted.

12.
Means of producing
attendance for testification —
simple accusition.

13.
Exceptions where
apprehension of unwillingness
of compliance.

14.
Examples of causes
of unwillingness
1. Apprehension of expense
and vexation.
2. Fear of producing
displeasure to any
other person.
3. Sympathetic connection
with party.

15.
Means of compulsion
employable on Defendants
for preliminary
security, are so likewise
for procurement
of testimony.

16.
Reason Evidence-holder's
adverse interest
may be as
strong or stronger
than Defendant's.

17.
In criminal cases,
this obviously the
case.

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18.
Supposed percipient
Witness may have
been a codelinquent.

19.
Responsive instruments
required
1. Compliance announcing
paper.
2. Epistolary response.
3. Announcement of
day on which response
will be delivered.
4. Announcement
of inability to deliver
required testimony.
5. Legitimate excuse
paper.

20.
If supposed Witness
knows nothing,
written assevenation
to that effect to answer
the purpose
of an attendance.

21.
Compensanda as
to prehension and
adduction.
1. Danger of loss of
the service due to
pursuer in case of
the non-forthcomingness.
2. Vexation to Defendant
or Witness by the
forced forthcomingness.

22.
Mutual communication,
modes.

23.
Note — Mutuality
either necessary
or not.

Identifier: | JB/052/089/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-20	Marginal Summary Numbering	1-23
Box	052	Main Headings	procedure code
Folio number	089	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	16762
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