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1825. Jany. 22
Procedure CodeCh. Evidence
§. Mode of Elicitation how.
§. Collative facts divers order as to proof
§. Collative facts divers, order as to proof
Case 3. Collative facts two: proof of both necessary, of neither
sufficient without that of the other. From In relation to the state of things divers
rules productive of great convenience will be seen declarable.
Rule 1. Whatsoever evidence applies to the first choice alone, and
not to the other, should be given through, before any evidence
is adduced in relation to the second other.
2. Rule 2. If in relation to the last in the order of
time, the evidence is forthcoming, and none in relation to the other
none, the last in time may, for exclusion of delay
vexation and expence be first adduced and proceeded upon.
3. Rule 3. As in relation to different the same hearings, Rule 2
holds good in relation to different hearings.
4. Rule 4. As in relation to the same judicatory
so do Rules 1, 2, and 3, hold good in relation to different
judicatories.
5. Rule 5. Testifiers by whom one of the two facts
is to be provio, the pursuer pursuing and testifying at in his
own judicatory; testifier or testifiers by whom the other of the
two facts is to be proved, the defendant at the defendants
judicatory, is an extraneous witness at a third judicatory.
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