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1825. March 28
Procedure Code
Here this in the two modes – that on each individual occasion
require to be weighed against one another on the scales of justice.
Which will preponderant it is on almost every occasion impossible
to prophesy on any good ground by any fixt chronological
Parties on one or both sides numerous
rules: by any rules that by which the terminate interval of time is
allotted between operation and written. On the other hand, by means
of that mass of information
with which
in general the applicant
pursuer will come sufficiently
provided, all
those facts in the aggregate
of which the probability
of the two modes
depends will not may ground
be brought to light by
the Judge without difficulty: and is therefore
up in the deemed
proper apt hands of
inquiry may be seen
provided.
At the initiatory hearing, from from the applicant
or applicants in quality of pursuer or pursuers, the
Judge will whether parties or instructed proxies,
the Judge will have learnt obtained, or at any rate have
gone near to learn obtain a compleat list of all witnesses
on both sides: if he has not yet obtained
this knowledge, at any rate he will have obtained
knowledge of the sources from which what remains
for the completion of it may be extracted.
In As to the instance of each interestee, is also as to in the
instance each proposed extraneous witness he will
have obtained such information as will have enabled
him to form a judgment more or less adequately grounded
on the question on which of the two modes, the oral
or the epistolary, the intercourse between him and the
individual may with least expe evil inconvenience delay expence and
vexation be carried on commenced: as also, whether by
transferring transference of the enquiry incidentally or definitively
to any other judicatory, any saving in respect
of evil in all those shapes taken together, affords any adequate promise of being is likely to
be made.
Interestees, who, thence have many abode of such where,
thence what the distance from the originating judicatory. So in regard
to witnesses, parties in respect of their testimony included
degree expected simplicity or degree of complexity in the evidence.
what. This as to testimony alone: for as to Pursuer's Demand,
and Defendant's statement in the way of defence, if in these instances
simplicity is maximized
by the here proposed
formularies, must
the epistolary mode fall nearly upon a level with the oral, in respect of the direct ends of justice.
Identifier: | JB/054/191/001 "JB/" can not be assigned to a declared number type with value 54.
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