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B.1.
I
Ch. Means of communication
(1 §.
1
Place at which the
thing to be done
whether in Justice
Chamber or in addressees'
abode
The first point to be determined is at what place
the thing in question shall be done: whether in the Judicatory
in the Justice Chamber, at discretion — and in particular
at the abode of the addressee whether party litigant or extraneous
evidence holder. In general those two cases constitute the
only alternative: the reason is — that in general upon the
circumstance it will depend whether the communication
shall be oral or epistolary: oral, if in the Justice Chamber,
epistolary if at the abode permanent or temporary, of the addressee.
But in a particular case on a particular occasion
need may be that though made in the presence of the Judge
the response will not be to be made in the Justice Chamber
the ordinary official place of residence of the Judge
This will be the case to the extent of the species of judicial
service as per Constitutional Code Ch. XII.
2
Means of communication —
sources of
division
1 Place at which
2 Purpose for which
3 Concurrence of
extraordinary place
& purpose
The first sense if chosen is then the consideration of the place at
which the operation is required requisite to be performed: the next is
the purpose for which in that same plan place it is
to be performed.
In the third case an extraordinary place concurrs
with an extraordinary purpose: place, not the ordinary Justice
Chamber, but some other to which for the special purpose of that
individual suit, and the individual operation which needful require to be performed
The material circumstance is the species of nature of
the instrument vehicle of discourse, whether oral or otherwise nesent,
or scriptitive or in any other shape permanent:
Be they not by virtue of the permanence of the instrument: for
for giving expression with discourse an instrument of the same degree of persuasion might be employed
in the Judicatory, but by reason of the distance: here
it
is by distance —and
nothing else that the
necessity of giving employment
to that instrument
of discourse to
the existence of the other
is created.
Identifier: | JB/052/332/001 "JB/" can not be assigned to a declared number type with value 52.
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1826-08-24 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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