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1824 Jany 12
Constitutional Procedure Code
Ch. General View
§. Natural and Technical Contrasted
6. Under the natural system, no as no person can be
compelled to appear as Defendant or so much as to by substitute act in
that character by substitute unless provisionally good ground presumes favour
for such compulsion has been made on the De pursuer's side,
much less without such sufficiency can he, in the first instance be subjected to incarceration
or prehension.
7. Until it be decided on which side of the suit the right
lies, and of on which side if on either the blame of insincerity
or temerity lies, not only will the impute of factitious costs
be scrupulously abstained from, but every case for the minimizing
of the those costs which spring from unavoidable sources
every care arrangement which the nature of the case admits of
will be looked out for and employed: and in particular for
in assisting administering to this purpose assistance to those whose pecuniary
circumstances have do not afford them the .
8. On the Defendants side, exceptions excepted if the purs applicant on the
pursuer's side the applicant has declared and made it appear to the Judge the testimony appear
that the appearance of the Defendant is necessary or material
either to the purpose of testimony or to the purpose of making admission
of facts averred on the pursuer's side, he is bound
to appear for that purpose in the face of the pursuer applicant in the presence of the Judge:
on pain of seeing the demand made upon him on the pursuer's
side allowed and carried into effect.
9. Provision in detail will be made for extraordinary
cases in which the obligation of attending at the judicatory in person might
be productive of more greater inconvenience to a party matter the Defendants side
than the non-obtainment of the service due and demanded would
to a party on the pursuer's side. But such as above is
the spirit and principle of the general rules.
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