JB/057/174/001

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1825. Feby Jan 31
Procedure Code

Ch IX Intermediate Proceedings
§. Reasonable proof
1. whst
2. Place
Angled

6
Epistolary examination
applicable only to one
party in the narrow
circle of Equity procedure
& in no other case

Epistolary examination, yes: but then never not upon
an extraneous witness in any case. Only Sole person upon a defendant;
nor upon a defendant but in the comparatively
narrow part of the field which is covered by the jurisdiction
of the judicatory calling themselves Courts of
Equity. Applicable as in this case only to a party
on one side of the suit, to wit the defendant's side: to any
party on the Pursuers side not without a distant suit in which
to delay vexation and expense of the first is doubled.

7
But if subservient to
justice in one case why
not in every case.

But if favourable subservient to the the side of
justice both as either of them in any one case where in
what case is it is the case in which that it is not then favourable?

8
Extraneous witnesses
examined in no place
but before a jury

Parties being then from examination exempt as above exempted
in both modes in the oral mode except in
and with the exception no person examined but in the
character of an extraneous witness, what are the places
in which they are respectively examined? One only namely
that one at which the hearing called the Trial — the hearing
before a Jury has place is performed. To that one place the whole
number of them from their respective abodes whatsoever may
in each case be the distance, must flock together
and that whether the point facts as to what they have
respectively to speak there be any connection or sense

9
In proposed Code
universal admission
of evidence at Judges
discretion

To this course under the penal proposed Code, the
to this course whatever it is in comparison with the
others unless evidence to the ends of justice the Judge
will be at liberty to betake himself: and then for by the liberty
law altered in this respect no evil case in any shape
can with reason be apprehended: but in whatever case the
evil is capable of being reduced to a less amount than what
would result from the course, but that liberty is attends
allowed to him whatever by which it would be in his power to minimise it.

Identifier: | JB/057/174/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-01-31	Marginal Summary Numbering	6-9
Box	057	Main Headings	procedure code
Folio number	174	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
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	18504
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