JB/052/087/001

Click Here To Edit

1825 Match 18
Procedure Code

9 PI 80
G Ch VIII Judiciary intercourse
§ Consideranda continued
Oral mode — its uses

Ch VI
Ch VX Defence is compleat how
Consideranda continued
§.4 Attendance its uses

1.
Art 1. Of a Defendant's
personal attendance
at the Judgment Seat,
among the purposes or
uses are the following:

1. Uses to the Pursuer's side
Furnishing appropriate
confessorial evidence.
2. Furnishing Indicative
Evidence of do.
3. Furnishing information
of means of effective
responsibility at
his charge, satisfaction
or punitional, or
both, as the nature of
the case requires and
affords.
4. Furnishing means
of coenduring accessibility
on his part
for the purpose of the
Suit.

2
Art 2. Uses to his the
Defendant's side.
5.1 Furnishing his own appropriate
self-serving
evidence, if he has any.
6. 2. Furnishing indicative
evidence as to expected
extraneous appropriate
evidence, expected
to be in his favour,
& obtaining Mandates
for the elicitation
of it: to wit, either
contesting the Pursuer's
collative facts, or
stablishing facts which,
with reference to his
title, are ablative.

---page break---

2 contind.
3 7. 3 Furnishing the opportunity
of applying
counter interrogation
to the Pursuer in respect
of his self serving
evidence.
8. 4 Furnishing an opportunity
of eliciting the
Pursuer's response to
his (the Defendant's)
counterdemands,
if any such he has:
& his own self serving
evidence in
support of it.
6 9. 5 Furnishing to the
Defendant an opportunity
of eliciting the
evidence of the extra
means Witnesses attending
on his side, if
any such there be.

10. 6 So, of counterinterrogating
the Pursuer's
extraneous Witnesses,
if any such there be.

3.
Art 3. Uses to both sides.
7 11.1. Furnishing to both the
faculty of setting for ulterior
proceeding the
course most convenient
to both.

8 12.2 Faculty of receiving
& profiting by any such
advice as for their mutual
benefit & that of
the public, the Judge
may see occasion
to give.

---page break---

3 contind.
9 13.3. In particular, receiving
from him any
such information &
advice as may guard
them against the propensity
& endeavours
of professional assistance,
to add to the
unavoidable expence
vexation & delay factitious
do for the sake
of the profit upon the
expence
[+]
[+] 149. 4 Obtaining relevant
testimony without
being beholden dependant
for it on the good will
of the precipient witnesses
or other person capable
of yielding it. As to this
see fourth §§.

4.
Art 4. Note here, how
favourable this means
of mutual explanation
is to the interests
and desires of the sincere,
how adverse to
those of the insincere
suitor, on both sides,
thence how adverse
to the sinister interest
of professional advisers
and assistants, by proportionably
depriving
them of the custom
of the person who would
otherwise be insincere
litigants.

5.
Art 5. Hence the cause
why in all Systems of
procedure, more or
less endeavours so
anxious & successful
have been employed
in keeping the parties
from coming into the
presence of each other,
together with that of the
Judges: more especially
in the English.

---page break---

Purpose of oral intercourse
From Ch VI Judiciary Applic
1. Self serving evidence furnishing
2. Indicative evidence furnishing
3. Self-disserving evidence furnishing
4. Responsibility affording
5. Accessibility affording
6. Tutilary advice-receiving.
7. Ulterior course-concerting
or settling.

Identifier: | JB/052/087/001"JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-18	Marginal Summary Numbering	1-5
Box	052	Main Headings	procedure code
Folio number	087	Info in main headings field	procedure code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / f80
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	16760
Box Contents