JB/057/164/001

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1825. Jany. 22
Procedure Code

Ch. IX Intermediate proceeding
§. Epistolary probation
when employable

Instructive or Inactive?

Ch or §. Epistolary mode of probation evidence-collection when employable

12
Cases for epistolary
mode

Art. 1. In so far as deemed sufficient by the the
him Pursuer, applied by him to the Defendant the epistolary mode is not
only preferable to the oral but may supersede it altogether

1 Distance of Defendants
Judicatory

1. If the Defendants judicatory is distant from the pursuers
habitation, it may seem to the pursuer the delay vexation
and expense of migrating, and the expense and comparative
inaptitude of of engaging a proxy, and the comparative relative inaptitude of
one when engaged.

2 Defendant abroad

2. If the habitation of the Defendant be out of the
of the State, and thereby and on all accounts taken together
out of the reach of the authority of the pursuers judicatory
and of every other to which for the purpose of procuring
the def accusation of the defendant it would be worth his
while to migrate, this mode of collection may be the
only one of the two capable of being employed. employable

13
If Defendants
evidence sufficient
he may demand a

3. If the Defendants evidence, confessional confessent as in this
case it will be is satisfact by the Defendant regarded as
sufficient, as to be sufficient to establish the collective fact or
collective facts on which his demand grounds itself, he may
therefore demand the Judge chooses: if satisfactory to him
execution in his favour will follow. But if not satisfactory he used not
to be driven to appeal, so long as he has there is other evidence by which
in his expectation a sufficient ground may be established.

The good effect of such allowance is manifest, for without it
a pursuer would in every case be under the obligation of collecting as
many testament as in his knowledge or supposition the case : testimony
testimony to an indefinite
number, while though all but
one may be groundless and
their production the collection of them of so much
needless and
uncompensated delay vexation and expense.

Identifier: | JB/057/164/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-01-22	Marginal Summary Numbering	12-13
Box	057	Main Headings	procedure code
Folio number	164	Info in main headings field	procedure code
Image	001	Titles	instructive or enactive? / epistolary mode of /probation / evidence-collection/ when employable
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18494
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