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1825. Jany. 27
Procedure Code
Ch. VIII
§. Examinables divers
§ Security and
as between Pursuers, Defendants
and Witnesses.
§ Classes of Examinables divers, which to examine together
☞ This, after the several classes have been successively spoken to.
Art. In regard to witnesses and Co-pursuers,
suppose now that, whether there be any or no that can in
company with the applicant in question, there is reason to
regard as certain and or probable, that there exists
others, who, spontaneously voluntarily is in pursuance legal obligation,
will be in attendance another time. How many each Suppose a like
sort. Now for the next hearing come these options. 1. The witness without the
Defendant. 2. The defendant without the witness. 3. Def Witness
and Defendant both at the same. 4. The like in the case
of a Co-pursuer.
Among these options the Judge take his chance
according to the nature and circumstance of the case can appoint
upon the face of the evidence thus far collected.
1. If there be no doubt of prompt attendance in the instance
of any one of those persons, he will as above prefer hearing all that
can be adduced on the pursuer's side before he subjects the
defendant to any vexation and expence and vexation as
above. On this account he will not the Defendant
either alone by himself or at the same time with either a pursuer unless is a Co-pursuer.
The cases in which he will the Defendant
with or without for the next hearing with or without a pursuer's
witness or a Co-pursuer are of the two descriptions and pro rest
upon two grounds.
1. If by reason of local distances or otherwise the time earliest
time at which the other person or witness or person could
be brought to attendance is at such a distance that to the
pursuer or the defendant or both some evil would probably
have place preponderant over any evil likely to to the
Defendant from attendance before the regular and ordinary time.
Thus much an of either party or both.
Identifier: | JB/054/150/001 "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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1824 |
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