JB/052/385/001

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1826. July 20

Procedure Penal Code. Ch. Inculture Application Litiscontestational
S. 3 Judge Agenda consequential

The Prehension warmed maybe
either 1. Adductive or 2. Transductive
to a Co Judicatory

7
Example of need of attendance
of supposed evidence
holder the same as above

Art. Of the need of an Attendance requiring or a
Prehension Mandate at the charge of a supposed Evidence
holder and proposed Evidence furnisher examples are the same as in the case of a proposed
Co Pursuer and the reluctance on both every account account will be more
apt to have place

8
Attendance requiring
or prehension of a proposed
Evidence furnishes choice
to be made by judge on
the comparative vexation
or danger of
decision

Art. The In regard to attendance requiring or
prehension at the charge of a proposed Evidence furnisher the
question question for the consideration of the Judge will be by which of twocourses
the greater detriment would accrue to the conjunct<add>aggregate</add>interest of both parties and
the public: to wit by the vexation attached to the furnishing of the evidence
or by the danger of adversea decision adverse to the interest of the
Applicant pursuer for want of the evidence so desired

9
Vexation to be considered
on supposition of 1
no compensation pecuniary
2 compensation
pecuniary given

Of the vexation attached to the furnishing of the desired
evidence the quantum will be considered on each of two suppositions:
to wit want non-receipt absence of compensation pecuniary or
quasi-pecuniary, and receipt of each compensation in such
quantity and quality form as the Judge may think reasonable, and
the applicant Pursuer able and willing to allow.

10

To be considered also
eventual need of transferring
the burthen
from proposed defendant
to the Pursue

On the occasion of such allowance it will also be for consideration
what if any ground there is for the expectation that in the
event of the Pursuers succeeding in his demand, it will be right,
the pecuniary and other circumstance of the proposed Defender
considered. that it will be practicable, and <add>also</add>at the same time right and consistent with Justice and at the same that the
to transfer the burthen should be transformed from the shoulders of the Pursuer to those
of the Defendant.

Identifier: | JB/052/385/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-07-20	Marginal Summary Numbering	7-10
Box	052	Main Headings	procedure code
Folio number	385	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17058
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