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<p>Art. To this purpose <add>a circumstance</add> <del>it</del> will be preeminently material will<lb/> | <p>Art. To this purpose <add>a circumstance</add> <del>it</del> will be preeminently material will<lb/> | ||
<del>whether with relation to <gap/></del> to the importance of the proposed evidence<lb/> | <del>whether with relation to <gap/></del> to the importance of the proposed evidence<lb/> | ||
furnishers evidence with relation to the event of the | furnishers evidence with relation to the event of the Suit. <del>Of</del> <add>The case in which</add> this importance<lb/> | ||
<add>will be in</add> the highest degree is that where for the proof of the <add>supposed</add> fact<lb/> | <add>will be in</add> the highest degree is that where for the proof of the <add>supposed</add> fact<lb/> | ||
<del>there</del> the nature of the case <del>has</del> does not at the time in question afford<lb/> | <del>there</del> the nature of the case <del>has</del> does not at the time in question afford<lb/> | ||
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of material evidence <lb/> | of material evidence <lb/> | ||
furnishers the less need <lb/> | furnishers the less need <lb/> | ||
of | of vexatious modes of<lb/> | ||
procurement</note><lb/> | procurement</note><lb/> | ||
<p>The greater the number of persons capable of furnishing<lb/> | <p>The greater the number of persons capable of furnishing<lb/> | ||
the evidence required, and the more material the evidence <lb/> | the evidence required, and the more material the evidence in<lb/> | ||
the instance of each the less will be the need of <del>thus procuring their</del><lb/> | the instance of each the less will be the need of <del>thus procuring their</del><lb/> | ||
<del>evidence</del> the taking the more or less | <del>evidence</del> the taking the more or less <unclear>vexatious</unclear> course for the procurement<lb/> | ||
of the evidence respectively</p> | of the evidence respectively</p> | ||
<note>13<lb/> | <note>13<lb/> | ||
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<p>For the more effectual evidence of needless <add>delay so</add> vexation and<lb/> | <p>For the more effectual evidence of needless <add>delay so</add> vexation and<lb/> | ||
expence, out of a <add>the whole</add> number of supposed Evidence holders proposed<lb/> | expence, out of a <add>the whole</add> number of supposed Evidence holders proposed<lb/> | ||
to him the Judge may take for examination | to him the Judge may take for examination any <add>in the first instance</add> <del>part</del> lesser<lb/> | ||
number, reserving to himself the power of doing the like in the case<lb/> | number, reserving to himself the power of doing the like in the case<lb/> | ||
of any additional number: and | of any additional number: and this not only at a time <gap/><lb/> | ||
to that of the Defendants <add>first response</add> answer is <del>personal</del> attendance as the<lb/> | to that of the Defendants <add>first response</add> answer is <del>personal</del> attendance as the<lb/> | ||
case may be but one at a time pretence not only to | case may be but one at a time pretence not only to <unclear>that of</unclear><lb/> | ||
the defendants response | the defendants response or attendance but to the time of his having<lb/> | ||
furnished evidence from extraneous and non-litigant witnesses.</p> | furnished evidence from extraneous and non-litigant witnesses.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. July. 20
Procedure Penal Code.
Ch. Initiatory Application Litisna
Judge Agenda consequential
11
Importance for the
purpose of proposed
evidence furnishers
evidence
Art. To this purpose a circumstance it will be preeminently material will
whether with relation to to the importance of the proposed evidence
furnishers evidence with relation to the event of the Suit. Of The case in which this importance
will be in the highest degree is that where for the proof of the supposed fact
there the nature of the case has does not at the time in question afford
any evidence other than his. 2. Next came that in which in
interest or supposed affection the supposed Evidence holder and
proposed Evidence furnisher is apprehended to be adverse to
the Pursuer person or to this his demand
12
The greater the number
of material evidence
furnishers the less need
of vexatious modes of
procurement
The greater the number of persons capable of furnishing
the evidence required, and the more material the evidence in
the instance of each the less will be the need of thus procuring their
evidence the taking the more or less vexatious course for the procurement
of the evidence respectively
13
Out off any number of
evidence furnishers
Judge may examine
any less number if
sufficient
For the more effectual evidence of needless delay so vexation and
expence, out of a the whole number of supposed Evidence holders proposed
to him the Judge may take for examination any in the first instance part lesser
number, reserving to himself the power of doing the like in the case
of any additional number: and this not only at a time
to that of the Defendants first response answer is personal attendance as the
case may be but one at a time pretence not only to that of
the defendants response or attendance but to the time of his having
furnished evidence from extraneous and non-litigant witnesses.
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Identifier: | JB/052/386/001"JB/" can not be assigned to a declared number type with value 52. |
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1826-07-20 |
11-13 |
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procedure code |
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procedure code |
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jeremy bentham |
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