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<head>1823. Oct<hi rend="superscript">r</hi> 28. + <lb/> | |||
<del>Constitutional</del> <add>Procedure</add> Code.</head> <!-- in pencil --> <p>B<lb/>Procedure <!-- marginal in pencil overwritten --> <note><sic>Ch.</sic> VI Execution means</note><lb/>(10) <note>§. Procedure <foreign>inter distantes</foreign></note></p> <p><note>27<lb/>The same observations<lb/>applicable to the case<lb/>of examination of<lb/>extraneous witnesses</note></p> | |||
<p>What has been above observed in relation to<lb/> | |||
the case where at the instance of a Pursuer a Defendant<lb/> | |||
is, at the commencement of a suit, to<lb/> | |||
be examined, will to an extent more or less considerable,<lb/> | |||
be found applicable to the case where,<lb/> | |||
on that same side or on either side, a person is<lb/> | |||
to be examined in the character of an extraneous<lb/> | |||
witness. Considered merely in the character of a<lb/> | |||
witness, one part of that which would commonly<lb/> | |||
compose the subject matter of examination<lb/> | |||
in the case of a Defendant, has no place in the<lb/> | |||
case of an extraneous witness. This part is what<lb/> | |||
is composed of the subject matter of admissions.<lb/> | |||
The facts proposed to be admitted may, in any<lb/> | |||
number be facts of which the Defendant has<lb/> | |||
no personal cognizance: he not having been<lb/> | |||
in relation to them himself a percipient witness,<lb/> | |||
but being satisfied of their existence,<lb/> | |||
either from Report made to him by percipient<lb/> | |||
witnesses, or by inferences drawn from circumstantial<lb/> | |||
evidence. From an extraneous witness,<lb/> | |||
nothing, in the way of admission, as<lb/> | |||
above, will be relevant: the only facts, the<lb/> | |||
statement of which can with propriety be<lb/> | |||
received from him to the purpose of their<lb/> | |||
operating in the character of appropriate<lb/> | |||
evidence, will be those, in relation to which<lb/> | |||
he has been a percipient witness: as to any<lb/> | |||
other facts, if his testimony be in any way relevant,<lb/> | |||
if it be capable of throwing light on<lb/> | |||
the matter in dispute in any way, it will be in<lb/> | |||
the character of purely indicative evidence, giving<lb/> | |||
information of a source from whence appropriate<lb/> | |||
evidence may it is supposed be extracted.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Octr 28. +
Constitutional Procedure Code.
B
Procedure Ch. VI Execution means
(10) §. Procedure inter distantes
27
The same observations
applicable to the case
of examination of
extraneous witnesses
What has been above observed in relation to
the case where at the instance of a Pursuer a Defendant
is, at the commencement of a suit, to
be examined, will to an extent more or less considerable,
be found applicable to the case where,
on that same side or on either side, a person is
to be examined in the character of an extraneous
witness. Considered merely in the character of a
witness, one part of that which would commonly
compose the subject matter of examination
in the case of a Defendant, has no place in the
case of an extraneous witness. This part is what
is composed of the subject matter of admissions.
The facts proposed to be admitted may, in any
number be facts of which the Defendant has
no personal cognizance: he not having been
in relation to them himself a percipient witness,
but being satisfied of their existence,
either from Report made to him by percipient
witnesses, or by inferences drawn from circumstantial
evidence. From an extraneous witness,
nothing, in the way of admission, as
above, will be relevant: the only facts, the
statement of which can with propriety be
received from him to the purpose of their
operating in the character of appropriate
evidence, will be those, in relation to which
he has been a percipient witness: as to any
other facts, if his testimony be in any way relevant,
if it be capable of throwing light on
the matter in dispute in any way, it will be in
the character of purely indicative evidence, giving
information of a source from whence appropriate
evidence may it is supposed be extracted.
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Identifier: | JB/052/516/001"JB/" can not be assigned to a declared number type with value 52. |
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1823-10-28 |
27 |
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052 |
procedure code |
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516 |
procedure code procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c10 |
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john flowerdew colls |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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17189 |
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