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Ch. VIII
(4) (1) §.
15
Art. Proceedings which
in any of these cases
would have preceded the
termination decrees.
Art. Proceedings which antecedently to the issuing
of the above choices will in Cases 4 and 5 have been
carried on are the following
1. Pursuers demand paper
before the
filled up
In Case 1
*
1. Pursuers Demand paper filled up
2 Evidence in support, Pursuers demand received and received; or extracted , or partly
partly extracted by the Judge. For As to the result see Ch. Evidence
Art. If the pursuer or all pursuers interestees interested on
the defendant's side being present; as also, either no extraneous
witness on either side furnished or supposed to be by the case, or all such are as have
been furnished by it also present, a person interested
is supposed to be interested in the pursuers side have not
been present: it will be for the Judge after enquiry made at the hands of
all present, to determine whether for the purpose of giving letting
in a demand from the absent cointerestees on the pursuers side
a further hearing shall be appointed, or a decree prosecution
absolute as to all the other parties, provisional and conditional
as to that one, and if so what shall be the condition
indicated
If for the pur at this first hearing, for the avoidance
of delay vexation and expence a termination then understood can
without prejudice to the direct end of justice be effected, by
the Judge, he will accordingly so effect it: if not
comes the case to be provided for under the head of First
mutual hearing by appointment Ch. . Whether any such
termination so effected can consistently with the direct ends of justice be
so effected will depend upon the nature of the service demanded by
the suit: and for judging of this the whole list of such demandable
services will require to be examined.
Identifier: | JB/052/341/001 "JB/" can not be assigned to a declared number type with value 52.
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