JB/052/514/001

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1823. Octr
Constitutional Procedure Code
Ch.
§.
8. 24
The less complicated the
case the more likely
that epistolary examination
will suffice

What may be said in general, is — that the
less complicated the case, the greater the probability
is that without the judicial confrontation, examination
in the Epistolary made can be made
sufficed for a well-entitled Pursuer's purpose.
To make his option between the two modes, will
therefore rest on the Pursuer in each individual case.

25
Case for intervention
of Judge where Pursuer
unable to migrate &
indigent

A case in which the services of the distant
Judge might be employed in this good work
with particular advantage, is this: a pursuer, by
reason of his occupation or state of health, is incapacitated
from engaging the services of
a professional or other apt agent. Here might be a
case of compassion, calling for the conjunct operation
of the Judge of the Pursuer's Judicatory, and the
Judge of the distant Judicatory, namely the Defender's
Judicatory. The Pursuer General, in his quality
of Advocate of the Poor in the Pursuer's Judicatory
extracts from the mouth of the Defendant, in the
presence of the Judge, facts which, in his view, and
in the view of the Judge, are, if true, the contrary
of which he sees no ground to suspect, sufficient
to constitute an adequate ground for the Pursuer's
demand: at any rate, if supported by such evidence
as the Pursuer, subject to punishment as for
insincerity, has stated as having had place, and
as being about to be proved by such evidence as
he has given indication of.

The

Identifier: | JB/052/514/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10	Marginal Summary Numbering	24-25
Box	052	Main Headings	procedure code
Folio number	514	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8
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	17187
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