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1825 June 28
Procedure Code EnactiveCh. Evidence
Art. Case III proposed witness a non-party. Here if the source of the evidence required
are not a source of oral or written evidence in his
custody or power and his testimony be not necessary neither
for the discovery, the exhibition, or the authentication or the explanation
of it the article in question being at the same time removable
to the judicatory without preponderant inconvenience
the Judge by his pretension and adductive mandate will
accordingly cause it to be adduced: to wit either in the first
instance, or after omission on the part of the proposed
witness to produce the article as required by an accersitive moment.
Art. As between the oral and the epistolary
the Judge will in this case make his option according
to the relative magnitude of the two evils to wit
the detriment, if any, with relation to the direct ends of justice
for want of the oral mode: and the detriment, if any, with
relation to the collateral ends of justice from the delay
vexation and expence necessitated by the epistolary mode.
Identifier: | JB/054/108/001 "JB/" can not be assigned to a declared number type with value 54.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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