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1825. Feby. 21
Procedure Code. Ch. VIII
Professional assistants admitted at the initiate-hearing
– why Reasons.
In regard to Law-Assistants Helpers a difficulty presents
itself and a distinction becomes necessary. In regard to
the case where the Assistant Helper accompanies the his principal
in his attendance at the judicatory, no difficulty has
place in respect of choice: whoever the principal
himself chooses, whoever in the eyes of the principal is
the best qualified most apt, may provisionally at least be received
as such: and if the choice be unfortunate the principal
has more to suffer from it than any other person can
have. The only other danger is – waste of the time of
the Judicatory in important discourse: but an the evil in
that shape it depends upon the Judge at any time to
put a stop.
Very different is the case where the question is
whether the assistant shall be received as a proxy or
substitute to the principal: the having been the initiative
one and the principal not in attendance at the
same time. Of the arrangement by which the attendance
of the principal on the occasion, so far as obtainable
is requisite one main use is the affording to a proposed
defendant security against all abuses of the right of
– of making use of the hand of
the Judge to the purpose of imposing on any other person
without distinction the vexation and expence incident
to the situation of defendant: and this in a suit case of
whatever kind – simply requisite, inculpation is
–how annoying so ever may be the means
required as necessary to secure eventual punibility at
his charge.
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jonathan blenman |
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