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2 Oct. 1808 1809
Evidence Prospective View
In theatre of Court a Quasi Notary Notaries to put questions according to the nature of the subject
e.g. Examination of a fair court – and to enter answers.
Revision Reading deemed necessary in a Lease &c. But there is the same reason for reading
the rest of the law.
§. Application of formalities to the Use of a Notary in securing the validity as well as fairness of the Contract.
§. Use of a Notary in securing the propriety of the contract
by apt interrogation.
The Notary being an official person, and in respect,
and to the amount of the value at least, if the office possessed
by him, a responsible one, use may might be made of his
assistance to various purposes to which it has not hitherto
been applied.
Upon the In the text of the proce Code, as printed in
the promulgation paper might be given an indication
of the circumstances necessary to secure the fairness along
in any or every respect – say more particularly for example
the validity of the contract.
Take the most important of all contracts, the marriage
contract for example.
In Under different governments, different descriptions of persons – under
the English a Clergyman Priest performs on the occasion of theis
species of contract, the function of the Notary as above described of the Roman
School.
To the The validating circumstances in question
a set of questions – of interrogatories – being adapted, part of the
duty of the Notary might consist in the propounding of
those questions, and making on the face of the instrument of Contract in a place appropriated allotted
to that purpose making entry of the answers:
the respondent in case of mendacity or temerity being subject
to eventual punishment (warning of which to be given to him,)
as in case of judicial interrogation.
Identifier: | JB/118/397/002 "JB/" can not be assigned to a declared number type with value 118.
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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draft of enclosure to letter 2190, vol. 8 |
39451 |
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