JB/052/513/001

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1823. Octr. 28.
Constitutional Code or Procedure

Ch. Procedure in distances
(7) §.

20
II Endeavours at
insufficient responsion

II. The stores of non responsion being exhausted,
next comes insufficient responsion:
on the Defender's part the insufficient responsion
on the Pursuer's part, indications of the sufficiency
with directions for the supply To the
length of this series — to the number and respective
magnitude of the terms of which it may be composed,
it seems not easy, if it even be possible, by any
general view that can be taken of the subject, to
set limits. For producing the effect that would be
aimed at by any such limits, a course that presents
itself is this: on the Pursuer's part, facts which, if
true, would be sufficient, notwithstanding any
thing that could be said on the other side to substantiate
the Pursuer's claim, are hypothetically
asserted, accompanied with a statement that, to
that special purpose, true or untrue, unless sufficiently
contradicted, they shall be regarded as
admitted.

22
Hence difficulties where
no confrontation

Hence on a general view, may be seen
the difficulties, with which, in every case, in which
there is no Judicial Confrontation of parties, a
pursuer has may have to contend. Without his presence, an
Agent however ample his instructions though acting in the presence of the Defendant
as well as the Judge, in the distant Judicatory,
may be but an inadequate substitute.

23.
Agent an inadequate
substitute

If an Agent, chosen by the party as the most
likely more than any other person he has access to
to espouse his interest with the greatest warmth,
and thence to apply his faculties, such as they are,
to the subject, with the strongest force of attention,
is liable to be thus inadequate, still more so,
generally speaking, will be the Judge. Still derived
from appropriate practise and experience, say still greater:
but for the natural deficiency in the article of zeal it were too
much to expect that,
by any extra magnitude
of skill, compensation
will in an adequate
degree be made

What

Identifier: | JB/052/513/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	20, 22-23
Box	052	Main Headings	constitutional code; procedure code
Folio number	513	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	c7
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17186
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