JB/054/107/001

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1825 June 28
Procedure Code EnactiveCh. Evidence

Art. The delay vexation and expence will
naturally depend on the mode of elicitation pursued: to wit according
as it is or at to being performed by the deciding
Judicatory itself, or by by a detached judicatory commission detached by
it for the purpose: as where the source of the evidence is situate
out of the territory of the State.

Art. The mode of compelling the furnishing of evidence
will depend partly upon the relation of the proposed witness
to the suit partly upon the nature of the source of
the evidence, partly upon the mode of elicitation employed.

Art. Where the Case I. Proposed witness is a pursuer
the natural and sufficient instrument of compulsion is a declaration on the part of the Judge, that by of his refusal to furnish
the evidence demanded the consequence will be the dismissal rejection
of his suit, together with the obligation to pay the costs.

Art. Where the Case II. proposed witness as a defendant,
the natural and sufficient instrument of compulsion is
a like declaration that of such refusal the consequence
will be a decree rendering to the pursuer at the charge of the Defendant
the effective service demanded by the instrument of demand:
for which purpose it is necessary that the demand subject matter
of demand be determinate in its amount: for example if money a
determinate sum.

Identifier: | JB/054/107/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1825-06-28	Marginal Summary Numbering	11-14
Box	054	Main Headings	procedure code
Folio number	107	Info in main headings field	enactive procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17626
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