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<head>1824. <sic>Feb<hi rend="superscript">y.</hi></sic> 9<lb/><del>Constitutional</del> <add>Procedure</add> Code.</head> <p><gap/> <gap/> <gap/> <gap/> <gap/> <hi rend="underline"><gap/></hi></p><!-- marginal summaries in pencil --><p><note><sic>Ch.</sic> Costs<lb/>§. Procedure First Law<lb/>§.3. Costs<lb/><del>Evi.</del> Middle men</note></p> <p><note>69<lb/>Evil 7. Vexation said<lb/><sic>expence</sic> <del>of</del> <add>to</add> persons concerned<lb/>as witnesses on<lb/>insufficient grounds.<lb/><foreign>Anglicé</foreign> this not inconsiderable<lb/>To Attorney. <add>Falsely</add> supposed<lb/>or pretended percipient<lb/>witness affords no less<lb/>profit than <del>needful and<lb/>useful <sic>d<hi rend="superscript">o</hi></sic></del> he whose<lb/>testimony would be<lb/>decisive:</note></p> <p><note>On the Attorney no<lb/>responsibility on this<lb/>score.</note></p> <p><note>How useless so ever<lb/>to party, and vexatious<lb/>to himself, his attendance<lb/>it is not the less obligatory.</note></p> <p>Evil <!-- pencil -->7. <add>8</add> Vexation and <sic>expence</sic> of persons <add>convened</add> summoned<lb/>on insufficient grounds to serve as witnesses.</p> <p>Under the established systems <add>English system</add>, this is an evil<lb/>of no inconsiderable magnitude. A <add>falsely</add> supposed or<lb/>pretended <add>percipient</add> witness, who knows nothing about the<lb/>matter, affords no less profit to the Attorney than a<lb/>witness whose testimony is ever so certainly decisive.<lb/>On the Attorney no responsibility on this score rests.<lb/>Not the less strictly bound to attendance is the individual<lb/>thus convened, how useless soever to the<lb/>party his examination if taken, how vexation &<lb/>burthensome to himself his attendance.</p> <p><note>70<lb/>Cut off in the here<lb/>proposed plan would<lb/>be his source of uncompensated<lb/>vexation.<lb/>For the relevancy the<lb/>party calling for it would<lb/>feel responsible.<lb/>Cases in which the order<lb/>for apprehension would be<lb/>refused, and the vexation<lb/>saved are.<lb/>1. Testimony not promising<lb/>to be sufficiently<lb/>probative.<lb/>2. Of <sic>d<hi rend="superscript">o</hi></sic>, the <del><gap/></del><lb/>service to justice not<lb/>preponderant over the<lb/>vexation and <sic>d<hi rend="superscript">o</hi></sic> <sic>expence</sic><lb/>inescapable from the<lb/>delivery of it.</note></p> <p>On the here proposed plan, this source of uncompensated<lb/>vexation would be effectually cut off.<lb/>For the relevancy of the evidence thus indicated,<lb/>the party calling for it would be, <add>and would feel himself</add> effectually responsible.<lb/>In either of two cases, the order of <add>for</add> appearance<lb/>would be refused <add>by the Judge, and thus</add> and the undue vexation saved<lb/>by the Judge: 1. If, setting aside the vexation, it afforded<lb/>not a sufficient promise of being relevant &<lb/>probative: 2. If, notwithstanding it's relevance &<lb/><sic>probativeness,</sic> the vexation and <sic>expence</sic> inseparable<lb/>from the delivery of it, would <del><gap/></del> according to<lb/>the Judge's estimate, <add>expend</add> the value of the matter in<lb/>dispute, or the value of the utmost service, capable<lb/>of being rendered <del>by</del> to the cause of the party<lb/>in the right, by the delivery of it.</p> | |||
<p>< | |||
<p>Evil <!-- pencil -->7. <add>8</add> Vexation and expence of persons <add>convened</add> summoned<lb/> | |||
on insufficient grounds to serve as witnesses.</p> | |||
<p>Under the established systems <add>English system</add>, this is an evil<lb/> | |||
of no inconsiderable magnitude. A <add>falsely</add> supposed or<lb/> | |||
pretended <add>percipient</add> witness, who knows nothing about the<lb/> | |||
matter, affords no less profit to the Attorney than a<lb/> | |||
witness whose testimony is ever so certainly decisive.<lb/> | |||
On the Attorney no responsibility on this score rests.<lb/> | |||
Not the less strictly bound to attendance is the individual<lb/> | |||
thus convened, how useless soever to the<lb/> | |||
party his examination if taken, how vexation &<lb/> | |||
burthensome to himself his attendance.</p> | |||
<p>On the here proposed plan, this source of uncompensated<lb/> | |||
vexation would be effectually cut off.<lb/> | |||
For the relevancy of the evidence thus indicated,<lb/> | |||
the party calling for it would be, <add>and would feel himself</add> effectually | |||
would be refused <add>by the Judge, and thus</add> and the undue vexation saved<lb/> | |||
by the Judge: 1. If, setting aside the vexation, it afforded<lb/> | |||
not a sufficient promise of being relevant &<lb/> | |||
probative: 2. If, notwithstanding it's relevance &<lb/> | |||
probativeness, the vexation and expence inseparable<lb/> | |||
from the delivery of it, would <del><gap/></del> according to<lb/> | |||
the Judge's estimate, <add>expend</add> the value of the matter in<lb/> | |||
dispute, or the value of the utmost service, capable<lb/> | |||
of being rendered <del>by</del> to the cause of the party<lb/> | |||
in the right, by the delivery of it.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. Feby. 9
Constitutional Procedure Code.
Ch. Costs
§. Procedure First Law
§.3. Costs
Evi. Middle men
69
Evil 7. Vexation said
expence of to persons concerned
as witnesses on
insufficient grounds.
Anglicé this not inconsiderable
To Attorney. Falsely supposed
or pretended percipient
witness affords no less
profit than needful and
useful do he whose
testimony would be
decisive:
On the Attorney no
responsibility on this
score.
How useless so ever
to party, and vexatious
to himself, his attendance
it is not the less obligatory.
Evil 7. 8 Vexation and expence of persons convened summoned
on insufficient grounds to serve as witnesses.
Under the established systems English system, this is an evil
of no inconsiderable magnitude. A falsely supposed or
pretended percipient witness, who knows nothing about the
matter, affords no less profit to the Attorney than a
witness whose testimony is ever so certainly decisive.
On the Attorney no responsibility on this score rests.
Not the less strictly bound to attendance is the individual
thus convened, how useless soever to the
party his examination if taken, how vexation &
burthensome to himself his attendance.
70
Cut off in the here
proposed plan would
be his source of uncompensated
vexation.
For the relevancy the
party calling for it would
feel responsible.
Cases in which the order
for apprehension would be
refused, and the vexation
saved are.
1. Testimony not promising
to be sufficiently
probative.
2. Of do, the
service to justice not
preponderant over the
vexation and do expence
inescapable from the
delivery of it.
On the here proposed plan, this source of uncompensated
vexation would be effectually cut off.
For the relevancy of the evidence thus indicated,
the party calling for it would be, and would feel himself effectually responsible.
In either of two cases, the order of for appearance
would be refused by the Judge, and thus and the undue vexation saved
by the Judge: 1. If, setting aside the vexation, it afforded
not a sufficient promise of being relevant &
probative: 2. If, notwithstanding it's relevance &
probativeness, the vexation and expence inseparable
from the delivery of it, would according to
the Judge's estimate, expend the value of the matter in
dispute, or the value of the utmost service, capable
of being rendered by to the cause of the party
in the right, by the delivery of it.
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Identifier: | JB/055/314/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-02-09 |
69-70 |
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055 |
Constitutional Code; Procedure Code |
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314 |
Procedure Code |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C3 / D26 |
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18035 |
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