JB/056/062/001

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1825. Feby. 6
Procedure Code Formularies

Ch. Formularies
§. Defendants Attendance
requiring Mandate

10
With excuse pleading
paper, response giving
paper

Art. 6 Along with your Excuse-pleading paper you must send
a Response-giving expressing paper in answer to the Pursuer Demand
expressing paper or in another paper an Excuse for
not sending one.

11
If Defendant unable
to send the Response
expressing paper
a friend may fill
it up

Art. 7 If through distress sickness you are unable to send a Response
expressing paper it may it may be filled up to the best of
his ability by a f any friend of yours who in signing his
name will add "commissioned by the defendant" or else "though
not commissioned by the defendant" as the case may be

12
Defendant responsible
for falsehood

2

Art. 8 If in your the excuse there be any thing of falshood
either without or through rashness, you will be responsible for it
in the same manner as if attested by word of mouth, in the presence
of the Judge.

13
Liable to viva voce
interrog examination

Art. 11 For the better more effectual security against any such falshood
you will be liable at any time to be examined by word of mouth
as to the matter of the excuse, as so stated by you.

14
Excuse examples
Confinement
1 by sickness
2 by irresistible
force
3 by inclemency of
weather
4 by badness of roads
5 by danger from
malefactors

(1)

Art. 10 Of the matter of excuse examples are as follows

1. Confinement by sickness: attendance not performable without
serious danger to life of death or permanent damage to health.
Coattestation of a medical practitioner will be expected, or else declaration
of inability to obtain one.

2. Confinement by irresistible force: to wit, either of a superordinate
functionary, a malefactor or a foreign enemy.

3. Confinement by the badness malevolence of the weather specifying on
what occasion

4. Confinement by the badness of the roads specifying in
what part or parts

5. Confinement by imminent serious danger to life from the violence
of foreign enemies or malefactors infecting the roads.

15
Of other expences
Defendant liab responsible
for validity as well
as truth

Art. 11 If any other excuse be alledged you will be responsible
not only for the truth but fore the validity of it supposing it to
be true

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Death or danger of
a relative not allowed
in any way.

Art. 12 Neither the recent death nor the imminent danger of sickness
on the part of a friend or relative how near so ever will be a valid excuse
for neither attending nor answering. By attention to the legal duty, grief will not be encreased but
lessened.

Identifier: | JB/056/062/001 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-02-06	Marginal Summary Numbering	10-16
Box	056	Main Headings	Procedure Code
Folio number	062	Info in main headings field	Procedure Code Formularies
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E2
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18118
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