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8
Ch. Judicial Abuse obviated
8 §.
19
Rules for admission of
bona fide and exclusion
of mala fide pursuants
and defences.
1. To every instance of
blameworthy pursuit
attach whether legal
claim or accusation
attach factitious suffering
+ 1. So order matters as that in as large a proportion as possible
+ blame worthy blameless suits and defences shall be let in out, blameworthy
do kept out.
+ 2. Where blameable To this end In every case in which it is blameable blame has place
punish attach punishment factitious suffering to complaint legal claim and to accusation
2. So, as to defence
+ 3. So, to defence.
3. To no instance of
blameless pursuit.
+4. In no case, where it is blameless there is no blame blame has no
place
4 — of defence
+ 4. Where, for the support of a just claim, or a just defence by evidence
means of proof of execution or of communication for either
purpose money is deficient, provide a supply
4. Exclude no appropriate evidence from whatever source it comes, extraneous
witness or party on either side.
5. Between pursuer and
Judge interpose not,
unless in case of necessity
any third person.
No assistance
needed, no obligation
of employing assistant
should be imposed:
2. Assistant needed, none so
adequate and appropriate
as the Judge.
3. In many, cases most
cases, pursuers testimony
for himself is needed by him
4 So his testimony against
himself, by defendant
5. Interpose no person suffer not any person to be
interposed between the claimant or accuser and the Judge
6. So, between defendant and Judge
Reasons, the same
that reason If for making out his claim the def proposed pursuer would use/desired/ used assistance,
unless as any such interposition is useless: if he does, the Judge, to whom the matter must come at hand,
is more apt assisted
than any other could be
7. Suffer no suit to be commenced
without allowance by the Judge, grounded
on would-be pursuers statement.
Reason. Without vexation and expence
to Defendant, no such continuation
can have place. If of this vexation and expence
the evil will not probably be by
by a good produced by the giving
effect to pursuer's claim
or accusation, no such continuance
is reconcilable to the
ends of justice. But from the
would-be pursuers statement
can any ground for the species
of the probability of such
preponderance be deduced.
6. Suffer no suit to be commenced without antecedently to allowance
by the Judge. Reason no such commencement can
have place without vexation and expence to the defendant's side. If the
proposed pursuer can notshew to the Judge a probability that this evil of this vexation and expence will be
by the good
attendant on the giving
effect to the pursuer's claim
the probability is that
it will not.
8. Evidence if apposite exclude from no source, extraneous or indigenous, whether witness or party: relies the the : compel and extract in so far as act offers.
7. Exclude no apposite evidence from whatever source
derivable: discourse of extraneous witness — discourse of party
on either side.
Identifier: | JB/055/047/001 "JB/" can not be assigned to a declared number type with value 55.
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1823-12-09 |
19 |
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055 |
Constitutional Code; Procedure Code |
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047 |
Procedure Procedure |
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001 |
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Text sheet |
1 |
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recto |
D8 / E8 |
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17768 |
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