JB/052/510/001

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1823. Octr 28.
Constitutional Code or Procedure

Ch.Procedure in distances.
(4) §.

11
Examination epistolary
1 directly 2 with the
intervention of the Judge

Examination of a person, party or extraneous
witness, through the medium of writing may is,
in the nature of the case performable in either
of two ways: directly immediately without the intervention of any
Judge; or unimmediately with the intervention of
the Judge, sitting in the Justice Chamber of the Judicatory,
under which the Defendant has his abode:
Mode say in the first case, the Epistolary mode;
in the other case, the distant examination* mode.

The distant examination mode admitts again
of two sub modifications

12
Where through Judge's
intervention writing
addressed to Judge

In the case where, through the intervention
of writing, the Judge is occupied in the business of
examination, as above, the writing must have been
addressed to the Judge. For suppose no such writing
addressed to the Judge and yet the Judge employed,
the case must be that though the Pursuer is not present,
some substitute of his is: and if so, the case is
the same as if the Pursuer himself were present,
except that the Defendant has not in this case
the benefit of extracting information and admissions
from him, as if he were on the spot.

13
Case where instrument
of examination a string
of interrogatories as in
English Equity Courts

It being supposed that it is by the medium of
writing addressed and communicated to the Judge,
that the examination is performed, what is possible
is — that the instrument of examination consists
of nothing more than a string of interrogatories,
to which it is the business of the Judge to extract
answers. In this case, the examination is performed
in the same manner as when, in the English
Equity Courts, the examination of an extraneous
witness, or of a party considered in the character
of a witness, is performed. In

* Note, this appellation will have to be changed.

Identifier: | JB/052/510/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	11-13
Box	052	Main Headings	constitutional code; procedure code
Folio number	510	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	c4
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17183
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