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1825. Feby 7 March 20 B +
Procedure Code. ?
11
Ch. IX Intermediate proceeding
(11 §. Testimony how procurable
Witness procedure
requiring Mandate
Instructions § Testimony how procurable
In Mandate — Warning
1
Art. In every such
Testimony requiring Mandate
will moreover be inserted
the warnings following
1. Warning of the burthensome
consequence of
non compliance.
2. Warning of the burthensome
consequences of
, in its several
shapes
Art. If the suit be a purely public penal suit
no individual party pursuer will then be to whom pecuniary loss
from the non-attendance of a proposed witness can ensue. In
this case to the warning threat of announcement to eventual burthen
of compensation the announcement of eventual punishment
will be to be substituted
2
So where defendant has
applicable property
Art. So where the defendant has no applicable disposable
property, or is in a state of relative and known insolvency.
3
But to pursuer evil
from non attendance
of witness may be the
same as in the opposite
case
Art But to the pursuer in this case the delay vexation
and expense resulting from non-attendance of the proposed
witness may be the same as in the opposite case and
because for the evil in these shapes announcement of the eventual
obligation of making compensation will be alike asserted
4
Warning of suspicion
of delinquency
Art. Warning on Non attendance, suspicion of delinquency For a criminal case whether purely
public or public-private it may be that while the demand
for the testimony of a certain individual clearly has
place it may be matter of uncertainty whether in relation
to the crime in question he may not be either the sole criminal
or an accomplice in a cri or codelinquent. In such case
there may perhaps be what may happen is that there
should be Judge may see reason to insist in the Witnesses
Attendance requiring Mandate an intimation that in
failure of attendance without valid excuse, he may become
suspected of have been guilty and as such be therefore
constituted Defendant or Codefendant.
Identifier: | JB/057/215/001 "JB/" can not be assigned to a declared number type with value 57.
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