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22 Mar. 1805
Evidence
But while the abode of one claimant has his abode in the dominions of
one state, that of another may be in the dominions of a different
state. In this case no arrangements taken in either state
alone can be sufficient to ensure that correspondence and
reciprocity of advantage without which the procedure might
surely be reconcilable to the interests exigencies of justice.
Yet even in this case, so it happened, that the defendant
although resident at the time within the dominion of a foreign state,
were by in any no matter by what means in an adequate degree subject to the power
or influence of the state in which the plaintiff has his residence
(suppose by immoveable possessions, by debts due and imposed, or
by the intention of personal visitation) in such case if
with the cognizance of the judicial authority of his own country
letters fraught with pertinent suitable questions were by the care of
some agent of the plaintiff on the spot put into the hands of the defendant
suitable answers might thus be extracted from him, answers
containing testimony, self-serving or self-defining testimony, constituting
with or without extraneous evidence matter information sufficiently
constituting a sufficient ground for a decision in the cause.
Identifier: | JB/058/265/001 "JB/" can not be assigned to a declared number type with value 58.
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