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<p>1825 June 28<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Procedure Code Enactive</head><note>Ch. Evidence</note></p>
 
<p>Art.  The delay vexation and expence will<lb/>
 
naturally depend on the mode of elicitation pursued:  <add>to wit</add> according<lb/>
 
as it is <del>or at <gap/> <gap/> to being</del> performed by the deciding<lb/>
Judicatory <add>itself</add>, or <del>by</del> by a detached judicatory <add>commission</add> detached by<lb/>
it for the purpose:  as where the source of the evidence is situate<lb/>
out of the territory of the State.</p>
<p>Art.  The mode of compelling the furnishing of evidence<lb/>
will depend partly upon the relation of the proposed witness<lb/>
to the suit partly upon the <del><gap/></del> nature of the source of<lb/>
the evidence, partly upon the mode of elicitation employed.</p>
<p>Art.  <del>Where the</del> <add>Case I.</add>  Proposed witness is a pursuer<lb/>
the <add>natural and sufficient</add> instrument of compulsion is <add>a declaration on the part of the Judge,</add> that <del>by</del> <add>of his</add> refusal to furnish<lb/>
the evidence demanded the consequence will be the dismissal <add>rejection</add><lb/>
of his suit, together with the obligation to pay the costs.</p>
<p>Art.  <del>Where the</del> <add>Case II.</add> proposed witness <del>as</del> a defendant,<lb/>
the natural and sufficient instrument of compulsion is<lb/>
a like declaration that of such refusal the consequence<lb/>
will be a decree rendering <add>to the pursuer</add> at the charge of the Defendant<lb/>
the effective service demanded by the instrument of demand:<lb/>
for which purpose it is necessary that the <del>demand</del> subject matter<lb/>
of demand be determinate in its amount:  <add>for example</add> if money a<lb/>
determinate sum.</p>
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{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 11:45, 14 November 2023

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1825 June 28
Procedure Code EnactiveCh. Evidence

Art. The delay vexation and expence will
naturally depend on the mode of elicitation pursued: to wit according
as it is or at to being performed by the deciding
Judicatory itself, or by by a detached judicatory commission detached by
it for the purpose: as where the source of the evidence is situate
out of the territory of the State.

Art. The mode of compelling the furnishing of evidence
will depend partly upon the relation of the proposed witness
to the suit partly upon the nature of the source of
the evidence, partly upon the mode of elicitation employed.

Art. Where the Case I. Proposed witness is a pursuer
the natural and sufficient instrument of compulsion is a declaration on the part of the Judge, that by of his refusal to furnish
the evidence demanded the consequence will be the dismissal rejection
of his suit, together with the obligation to pay the costs.

Art. Where the Case II. proposed witness as a defendant,
the natural and sufficient instrument of compulsion is
a like declaration that of such refusal the consequence
will be a decree rendering to the pursuer at the charge of the Defendant
the effective service demanded by the instrument of demand:
for which purpose it is necessary that the demand subject matter
of demand be determinate in its amount: for example if money a
determinate sum.


Identifier: | JB/054/107/001"JB/" can not be assigned to a declared number type with value 54.

Date_1

1825-06-28

Marginal Summary Numbering

11-14

Box

054

Main Headings

procedure code

Folio number

107

Info in main headings field

enactive procedure code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e4

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

17626

Box Contents

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