JB/056/066/001

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1825. Feby. 7 + +
Procedure Code Formularies ?

Ch. Intermediate proceedings
§. Witness Attendance
requiring Mandate

English practice

1
These provisions
necessary though to
the English lawyer
they may appear trifling

To In the eyes an English lawyer all this anxiety, and the
variety of provision produced by it wd be apt to appear
trifling enough; not to say ridiculous. Answer of
individuals — feelings of individuals all such things objects are
altogether beneath the care of this Judge made law by which
all matters of the suit have been settled. [Of all such
cases, on this occasion or on so many others lying and
supply the plan.] In the Attendance requiring Mandate (a
subpoena is the name of it) a fixt sum the sum for
all cases to wit £100 is mentioned as the sum which
the proposed witness will be made to pay in case of
non-attendance. Of any such fixation the failing is sufficiently
apparent: in the greatest number of cases it will be
abundantly too much: in others it may be to any amount
inadequate. Sum in demand suppose £500 the in interest
or affection the proposed witness in league with the Defendant,
but not in such sort in league as to be capable of his
employing future testimony in his service. In this state of things Will the
passed? The Defendant proposed witness fails to attend; he is
made to pay it £100: but the Defendant pays it for him,
and this sum is gone. £400 out of the £500.

2
In English subpoenas
inaptitude of
penalties for non attendance

What is certain is — that the laying of this £100 is not
testimony. To provide for the in excess of it
the non attendance is treated dealt with on the footing of an interest
of the Court: and for this an offence of this denomination the
punishment being discretionary it may in most instances be it is not in general incapable of being
made to outweigh the all profit of by the offence.

Identifier: | JB/056/066/001 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-02-07	Marginal Summary Numbering	1-2
Box	056	Main Headings	Procedure Code
Folio number	066	Info in main headings field	Procedure Code Formularies?
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18122
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