JB/057/193/001

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1825. March 3
Procedure Code

Ch. IX
(2 §. Intercourse oral or
epistolary?

Permanence is given by
out of — applies acts to

2
Exceptions excepted
mode oral preferable

Art. 2 Exceptions excepted, the oral mode will be employed
in preference. Appropriate Instrument for procuring the requisite
attendance at the Justice Chamber — Judicial attendance

3
Advantages of oral
mode
1 Extensive applicability

Art. 2. The advantages possessed by the oral are as follows
may be thus enumerated

1. In all places/countries at all times It is most extensively applicable: originally, it was the
only one employable in any place at any time. But in no
individual instance in which the person is adequately conversant
with the epistolary mode has this advantage any place

4
Character in question
of the Defendant that
of a party not of a
witness — not accidental
but essential

The character here in question as belonging to the proposed Defendant
is that of a party: not that of a witness. The character of a
party is — not accidental but essential. In this character he
may therefore be in a separate way considered, before he is
considered in that other character which though frequently perhaps
most commonly added to the first is with relation to
it not inseparable or essential but accidental only. merely

5
Intercourse in the
first instance determinate
as to person with whom
it is to be held namely
the Defendant

On the present occasion, the question is — not between as to the
the holding manner of the intercourse with the principal: a proxy
the person with whom the intercourse is to be holden
person with whom the intercourse is to be holden is
as determinate: namely the proposed Defendant and no other
for as yet there is no choice: afterwards when with
this person the intercourse is begun, there may well come
the choice as to the person with whom it shall be continued:
to wit whether it shall be this same person or a proxy
of his: always excepted the case where the person whose
interest is at stake being regarded as not capable of taking
care on the sort of occasion in question of his own interest,
a proxy for such occasion has under some appropriate appellation
— such as guardian
for example,
been provided for him
by law.

Identifier: | JB/057/193/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-03-03	Marginal Summary Numbering	2-5
Box	057	Main Headings	procedure code
Folio number	193	Info in main headings field	procedure code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18523
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