JB/055/076/001

Click Here To Edit

1823. Novr.
Constitutional Code

Art. 7. Exception 2. Proposed pursuer under Guardianship.
In this case the Judge, antecedently to summation or prehension
as will require require his attendance might accordingly
will, if it appear to him that in respect of age and the circumstances condition in life is capable of
furnishing material information require his attendance, otherwise
not.

Art. 8. Exception 3. Proposed pursuer incapacitated from
attendance by bodily infirmity bodily or mental.
In this case the Judge will may either dispense with his attendance
during the continuance of the incapacity, or under visitation
of him on the spot. As to such vis whether to under such
visitation, he will be determined by the joint consideration
of the importance of the cause of suit, and the probable materiality
of such information evidence as could no otherwise be extracted
from the party's own mouth: namely the importance materiality of
its being extracted received in this stage of the cau suit and
instead of waiting till after the proposed defendant has been
examined.

Art. 9. Exception 4. The suit either purely public. or
publico-private In this case the only person capable of acting
in the character of pursuer is the Agent of Government – the
Pursuer General. But in this case, unless by mere accident
nothing of the facts belonging to the case – of the facts on which the
demand is grounded can have come within the immediate and
personal cognizance of him the functionary who acts on the pursuer's side.
On the information received from some person at large to whose
cognizance some such fact has come, or by whose information can
can be given leading to the discovery of such percipient witness must
in proceeding in the first instance be grounded. To the Pursuer General
may the information in such case be indeed delivered. But so likewise
may it to the Judge: and not only as well but better may
it pass immediately to the Judge, rather in the shape of immediate
evidence rather than inclined of being through the mouth as per of the in the shape of hearing evidence.
☞ Add the case of publico-private offences & suits.

Identifier: | JB/055/076/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11	Marginal Summary Numbering	7-9
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	076	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E3
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17797
Box Contents