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<p>1825. Jan<hi rend="superscript">y.</hi> 27<lb/> | |||
' | <head>Procedure Code</head><note>Ch. VIII <!-- pencil -->Hearing Singly<lb/> | ||
§. 1. <!-- pencil -->Pursuer's Demand</note></p> | |||
<p>Art. The applicant that supposes to have been<lb/> | |||
heard will either have come alone, or with <del>others <gap/> <gap/></del> <add>another in his</add><lb/> | |||
<del>more</del> company coming for the purpose of being heard for this<lb/> | |||
same purpose. If such companion to him there be, the character<lb/> | |||
in which he comes will be that of a law assistant, a co-pursuer<lb/> | |||
or an extraneous witness or a <add>the proposed</add> Defendant. If a<lb/> | |||
proxy, <del><gap/></del> for <del>which</del> that which may have to take place see<lb/> | |||
Ch. <del>Persons</del> <add>Juridical Assistants</add>. If a Defendant, for what may have<lb/> | |||
to take place, see Ch. First mutual attendance.</p> | |||
<p>If it be an extraneous witness the Judge will probably<lb/> | |||
see reason to collect his testimony, before he takes<lb/> | |||
measures having for their object the subjecting the proposed Defendant<lb/> | |||
to the expence and vexation inseparable from attendance.<lb/> | |||
For the mode of collecting the evidence in the case<lb/> | |||
keeping the one out of sight and hearing while <del><gap/></del> he is under examination<lb/> | |||
see Ch. Evidence §. Mode of reception <add>elicitation</add> and extraction.</p> | |||
<p>So, If he be a Co-pursuer. Reasons. 1. His statement if<lb/> | |||
it <gap/> not be appropriate will <add>may</add> at any rate <del>to <gap/></del> contain<lb/> | |||
more or less <add><unclear>abundance</unclear></add> indicative evidence. 2. In case of want of<lb/> | |||
title, want of agreement between the statement made by the one<lb/> | |||
and the statement made by the other may serve for the discovery<lb/> | |||
of it. 3. By bringing out, <add>here</add> at the outset while<lb/> | |||
of the case on that side, the Defendant may be the better enabled<lb/> | |||
to <unclear>meet</unclear> the whole of it on the occasion of his first attendance<lb/> | |||
which of the pursuers attend likewise as it is desirable they<lb/> | |||
should will be the first mutual attendance.</p> | |||
<p><del>For some reason</del> In <del>the case of</del> <add>regard to</add> witnesses, the same<lb/> | |||
reasons which apply to the case of a single <add>accompanying</add> witness will be<lb/> | |||
seen to apply to the case <add>of</add> where <unclear>come</unclear> any greater number of witnesses.</p> | |||
<p>So, in regard to <del>D</del> Co-pursuers.</p> | |||
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1825. Jany. 27
Procedure CodeCh. VIII Hearing Singly
§. 1. Pursuer's Demand
Art. The applicant that supposes to have been
heard will either have come alone, or with others another in his
more company coming for the purpose of being heard for this
same purpose. If such companion to him there be, the character
in which he comes will be that of a law assistant, a co-pursuer
or an extraneous witness or a the proposed Defendant. If a
proxy, for which that which may have to take place see
Ch. Persons Juridical Assistants. If a Defendant, for what may have
to take place, see Ch. First mutual attendance.
If it be an extraneous witness the Judge will probably
see reason to collect his testimony, before he takes
measures having for their object the subjecting the proposed Defendant
to the expence and vexation inseparable from attendance.
For the mode of collecting the evidence in the case
keeping the one out of sight and hearing while he is under examination
see Ch. Evidence §. Mode of reception elicitation and extraction.
So, If he be a Co-pursuer. Reasons. 1. His statement if
it not be appropriate will may at any rate to contain
more or less abundance indicative evidence. 2. In case of want of
title, want of agreement between the statement made by the one
and the statement made by the other may serve for the discovery
of it. 3. By bringing out, here at the outset while
of the case on that side, the Defendant may be the better enabled
to meet the whole of it on the occasion of his first attendance
which of the pursuers attend likewise as it is desirable they
should will be the first mutual attendance.
For some reason In the case of regard to witnesses, the same
reasons which apply to the case of a single accompanying witness will be
seen to apply to the case of where come any greater number of witnesses.
So, in regard to D Co-pursuers.
Identifier: | JB/055/262/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-01-27 |
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Constitutional Code; Procedure Code |
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262 |
Procedure Code |
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