JB/055/088/001

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1825. March 2
Procedure Code.Ch.
§. Defence, how procurable
II. Mode or Shape

Art. 5. Exception is where the epistolary mode being most conducive
to the collateral ends of justice – to wit by saving of delay,
vexation and expence, is so in such sort that by the certain
good thus produced, the evil opposite to the direct ends of justice,
that evil consisting of nothing but danger – danger of misdecision
– is out-weighed as on the Judge's own view to think, declared opinion, out-weighed.

Art. 6. Of the cases in which it may happen that such
preponderance has place, examples are the following.

1. The Case of . The habitation exprovinciation. Defendants The defendant
has not any habitation but in the territory of another Judicatory,
and that in such sort distant, that by the delay,
expence and vexation of a journey to and demurrage at the
originating judicatory the evil produced would outweigh any
evil likely to be produced for want of his attendance there
for the purpose of being orally examined. Note that, in demonstration
of this danger operates his subsequent subjection to oral examination
either at the originating Judicatory or at some other Judicatory
if, in the declared opinion of the Judge necessary, as per
§.

(2)
Art. 8. In respect of security against misdecision the
difference in value between the oral mode of examination and
the epistolary, will be the less considerable, the more simple
the subject matter of interrogation.

(1)
Art. 7. 1. Case of expatriation. Defendants
habitation if any, not in the territory of the State, but in the
territory of some foreign State. For the mode of holding judicial
intercourse in this case see Ch. § Examination
Abroad.

Identifier: | JB/055/088/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-03-22	Marginal Summary Numbering	12-14
Box	055	Main Headings	Procedure Code
Folio number	088	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D4 / E3
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17809
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