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Ch. IX. Intermediate Proceedings
(1) §.5) Examination process
1. Mode
2. Place
5. English
Instructing
1
Where examiners in
different judicatories
the consequent circumstance
may appear
to produce a complexity
requiring a change in
these provisions
The case where examiners of an indefinite number
have the ability in the history of so many different
judicatures, and every eventuality came to be examined
each of them in the history of his own judicatory, are
the results of the several examinatory transactions for
decisions to the originating Judicatory will be apt to present
to the conjuncture of the readers a sense of complication
and perplexity.. and then the provision here made for it
will naturally appear exposed to the correspondent
charge.
2
But the complication
not chargeable to the
account of the provisions
here made
But the implication is rooted by the root in the unchangeable
nature of the case and accordingly can not in any
part found neither can that nor any necessary consequence
be consistently with justice charged to the account of the
provision here proposed to be made
3
Under English as well
as under any other
system the complication
has place
Under the English as well as under any other established
system the efficient cause of this complication whatever
it be can not but take place. Under the English, as well as
under any other provision in some shape or other, can
not accordingly fail to be made for it.
4
Under English system
inadequate provision
Under the English system provision for it is made
accordingly. Provision? but of what sort? of a sort by which
the Gordian knot is not but cut.
5
In the case of a party
no oral examination
In the case of a party oral examination one exception alone excepted none in any
case: the principal source of light then universally closed
Sole exception that in which under a particular Statute a person
is examined under a charge of felony; that is of a crime
of which the punishment so called is the punishment: and
in this case care is taken to advertise caution or as the Judge
as here please to forbear advertising cautioning the examinee against
making any disclosures that may lead to his conviction.
Identifier: | JB/057/173/001 "JB/" can not be assigned to a declared number type with value 57.
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