JB/052/509/001

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1823. Octr 28.
Constitutional Code. 2. Enactive Part or Procedure
Ch. Procedure in distantes
§.
3. 7
Case 1 Pursuer & defendant
resident in different
Judicatories

Case 1. Pursuer one; Defender one: Condition
of both, stationary: but domicile of Pursuer in the
field of one Immediate Judicatory; domicile of the
Defender in that of another.

[N. B. If, both being stationary, both are in the
local field of the same Judicatory, most other difficulties
vanish: the parties being brought face to
face in the presence of the Judge, both will be
compellable to make such disclosures thence to
submitt to such arrangements, by which the difficulties
produced resulting from the several sources of
complexity and perplexity abovementioned may be
removed.]

8
Simplest course for
pursuer to repair to
Defendants judicatory

In this case, the simplest course and in
general, perhaps, the least inconvenient, will be
for the plaintiff to repair in person to the Defendant's
Judicatory: to the plaintiff, this arrangement
will be the most convenient, in respect of the faculty
of Judicial confrontation. A faculty which,
if the right be on the Pursuer's side, will be in
most cases of prime use to him; and can not, in
any case, except in respect of the vexation and expence
of migration, by in any way disadvantageous
to him.

9
Note preference in
hearings to be given to
parties coming from
a distance

Note, that by the rules of procedure, preference
in respect of priority in hearings should on this account, be given
to parties coming from a distance: for the like
reason, so also to extraneous witnesses.

10
Where pursuer cannot
migrate without preponderant
inconvenience
Examination through
written correspondence

But what may also happen is that, without
preponderant inconvenience, or perhaps not on
any terms, is it in the power of him who would
be pursuer to make this migration. In this state
of things, wither examination through the medium of
writing must be admitted, or execution and effect
can not be given to the portion of law, on which the
right of the pursuer to the services of the Judge for the purpose of his demand
is grounded.

Examination

Identifier: | JB/052/509/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	7-10
Box	052	Main Headings	constitutional code; procedure code
Folio number	509	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17182
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