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<head>1825. <del><sic>Feb<hi rend="superscript">y</hi></sic> 7</del> March 20<lb/> Procedure Code <!-- brackets in pencil --> (<gap/>)</head> <p>*9<lb/> <note> <sic>Ch</sic> Intermediate</note><lb/>*9 <note>§. 10 Witness Attendance<lb/>requiring Mandate.</note></p> <!-- pencil note --> <p><note>9. Response instrument<lb/> to be required</note></p> <p><del>Instruction</del> <unclear>Inactive</unclear></p> <!-- next paragraph crossed through in ink --> <p><sic>Art | <head>1825. <del><sic>Feb<hi rend="superscript">y</hi></sic> 7</del> March 20<lb/> Procedure Code <!-- brackets in pencil --> (<gap/>)</head> <p>*9<lb/> <note> <sic>Ch</sic> Intermediate</note><lb/>*9 <note>§. 10 Witness Attendance<lb/>requiring Mandate.</note></p> <!-- pencil note --> <p><note>9. Response instrument<lb/> to be required</note></p> <p><del>Instruction</del> <unclear>Inactive</unclear></p> <!-- next paragraph crossed through in ink --> <p><sic>Art.</sic> In some cases the Judge would do well<lb/> in concert with the party to give intimation to the <del><gap/></del> proposed<lb/> witness of the points in relation to which he will be<lb/> examined. In some cases <gap/> the Witness knowing<lb/> what he knows will <add>not</add> have <unclear>use</unclear> and if any <gap/> <gap/><lb/> <add>will not be needful</add> but in other cases <del><gap/></del> it will. An example —<lb/> where it is only to speak to the character of a party or<lb/> a co witness that his testimony is wanted: knowing nothing<lb/> concerning the matter in dispute, the mandate may carry<lb/><del>whether more or less of <gap/> <gap/> <gap/> <gap/><lb/>be <gap/> to <gap/> of the papers.</del></p> <p><note> 30<lb/> If supposed witness<lb/>knows nothing written<lb/><unclear>aseveration</unclear> to that<lb/> effect to answer the<lb/> purpose of an attendance</note></p><p><foreign> <hi rend="underline">Nil scit</hi></foreign> <gap/> in the Response or Excuse papers<lb/>What may every now and then happen is — then<lb/> a person who by a party is supposed to know more or less about<lb/> the matter in dispute, in fact does not know any thing about it<lb/> In such case a written assurance to the effect would answer the<lb/> purpose of an attendance, and save so much vexation and<lb/> expense. For the sake of an assertion to this effect the proposed<lb/> witness would be an effectually responsible one for the truth<lb/> of any other assertion to any other effect. How often might<lb/>be a case in which in the Mandate the Judge might insert<lb/>a <del><gap/></del> clause for the purpose of making it known to the<lb/>proposed witness, a response to this effect will be receivable<lb/>instead of an attendance. But in this case <add> for such a response to such an effect</add> an extra day<lb/> might be appointed then for attendance or <del><gap/></del> <unclear>making</unclear><lb/> response to epistolary interrogation.</p> <!-- line in ink across the page --> <p>Note (a)<lb/>(a) In English practice for one course or another, political<lb/><unclear>frenchmen</unclear> or other <del><gap/></del> public characters of high importance<lb/>have every now and then received <add>testimony requiring</add> mandates in suits <del>of</del><lb/> the particulars of which have been altogether foreign to their<lb/> knowledge. The Chancellor a Judge or Archbishop — any body<lb/>may then be dealt with</p> | ||
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1825. Feby 7 March 20
Procedure Code ()
*9
Ch Intermediate
*9 §. 10 Witness Attendance
requiring Mandate.
9. Response instrument
to be required
Instruction Inactive
Art. In some cases the Judge would do well
in concert with the party to give intimation to the proposed
witness of the points in relation to which he will be
examined. In some cases the Witness knowing
what he knows will not have use and if any
will not be needful but in other cases it will. An example —
where it is only to speak to the character of a party or
a co witness that his testimony is wanted: knowing nothing
concerning the matter in dispute, the mandate may carry
whether more or less of
be to of the papers.
30
If supposed witness
knows nothing written
aseveration to that
effect to answer the
purpose of an attendance
Nil scit in the Response or Excuse papers
What may every now and then happen is — then
a person who by a party is supposed to know more or less about
the matter in dispute, in fact does not know any thing about it
In such case a written assurance to the effect would answer the
purpose of an attendance, and save so much vexation and
expense. For the sake of an assertion to this effect the proposed
witness would be an effectually responsible one for the truth
of any other assertion to any other effect. How often might
be a case in which in the Mandate the Judge might insert
a clause for the purpose of making it known to the
proposed witness, a response to this effect will be receivable
instead of an attendance. But in this case for such a response to such an effect an extra day
might be appointed then for attendance or making
response to epistolary interrogation.
Note (a)
(a) In English practice for one course or another, political
frenchmen or other public characters of high importance
have every now and then received testimony requiring mandates in suits of
the particulars of which have been altogether foreign to their
knowledge. The Chancellor a Judge or Archbishop — any body
may then be dealt with
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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