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1825. March 30
Procedure Code
§. II. Mode or Shape and or Place
Preliminary Observations or Instructions
Mode of delivery and Place of delivery are considerations objects that run together.
They antagonize. For the most part Mode recommends one course: place,
the other. Generally speaking The epistolary oral are thus the epistolary to the
direct ends of justice, not so much so has the oral mode is most conducive to the collateral ends, the epistolary
to the collateral ends. Two rare cases excepted – to wit that
of inferiority and thence immobility of the person, and that of need of
the Judges inspection on the part of the place only place in which the oral mode of eliciting statement and evidence
can be employed is a judicatory a justice
Chamber, the only Justice Chamber that would naturally
present itself as an apt one is the Justice Chamber of
the Judicatory in which the suit has originated. But
while this place jus edifice is at an end of the territory of the
State, parties and witnesses in any number may have
their sole abodes all of them at the other end of the territory, or most of
them at a different degree of distance. Here and Here comes
into view delay, expence and vexation – all to an indefinite amount,
evils upon each of which the greater the saving
made, the more conducive will the place mode of operation
be to the collateral ends of justice.
Vast as to those points is the difference
between writing a letter, for which in some instances a line
or two may suffice, and the taking a journey of perhaps
hundreds of miles their demurrage perhaps for an indefinite
number of days, and then at the end of it the same journey home followed by a journey of the same length back.
Thus By the epistolary mode thus vast is the saving capable of being
made: and in many cases instances rectitude of decision will have been
as effectually secured by
it as it could have been
by the oral mode: especially
if, as proposed, for
better security for correctness
and compleatness, whosoever
has delivered himself
in the epistolary mode has is in case of need universally subjectible to a subsequent examination as to the same matters in the oral mode.
Identifier: | JB/054/192/001 "JB/" can not be assigned to a declared number type with value 54.
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