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<head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 7 + + <lb/>Procedure Code <add>Formularies ?</add></head> <p><note><sic>Ch.</sic> Intermediate proceedings<lb/>§. Witness Attendance<lb/>requiring Mandate</note></p> <p><note>English practice</note></p> <p><note>1<lb/>These provisions<lb/>necessary though to<lb/>the English lawyer<lb/>they may appear trifling</note></p> <p>To <add>In the eyes</add> an English lawyer all this anxiety, and the<lb/>variety of provision produced by it <sic>wd</sic> be apt to appear<lb/>trifling enough; not to say ridiculous. Answer of<lb/>individuals — feelings of individuals all such things <add>objects</add> are<lb/>altogether beneath the care of <add>this</add> Judge made law by which<lb/>all matters of the suit have been settled. <!-- brackets in pencil --> [Of all such<lb/>cases, on this occasion or on <add>so many</add> others <unclear>lying</unclear> and <gap/><lb/>supply the plan.] In the Attendance requiring Mandate (a<lb/>subpoena is the name of it) a <sic>fixt</sic> sum the sum for<lb/>all cases to wit £100 is mentioned as the sum which<lb/>the proposed witness will be made to pay in case of<lb/>non-attendance. Of any such fixation the failing is sufficiently<lb/>apparent: in the greatest number of cases it will be<lb/>abundantly too much: in others it may <add>be</add> to any amount<lb/>inadequate. Sum in demand suppose £500 <del>the</del> in interest<lb/>or < | <head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 7 + + <lb/>Procedure Code <add>Formularies ?</add></head> <p><note><sic>Ch.</sic> Intermediate proceedings<lb/>§. Witness Attendance<lb/>requiring Mandate</note></p> <p><note>English practice</note></p> <p><note>1<lb/>These provisions<lb/>necessary though to<lb/>the English lawyer<lb/>they may appear trifling</note></p> <p>To <add>In the eyes</add> an English lawyer all this anxiety, and the<lb/>variety of provision produced by it <sic>wd</sic> be apt to appear<lb/>trifling enough; not to say ridiculous. Answer of<lb/>individuals — feelings of individuals all such things <add>objects</add> are<lb/>altogether beneath the care of <add>this</add> Judge made law by which<lb/>all matters of the suit have been settled. <!-- brackets in pencil --> [Of all such<lb/>cases, on this occasion or on <add>so many</add> others <unclear>lying</unclear> and <gap/><lb/>supply the plan.] In the Attendance requiring Mandate (a<lb/>subpoena is the name of it) a <sic>fixt</sic> sum the sum for<lb/>all cases to wit £100 is mentioned as the sum which<lb/>the proposed witness will be made to pay in case of<lb/>non-attendance. Of any such fixation the failing is sufficiently<lb/>apparent: in the greatest number of cases it will be<lb/>abundantly too much: in others it may <add>be</add> to any amount<lb/>inadequate. Sum in demand suppose £500 <del>the</del> in interest<lb/>or <unclear>affection</unclear> the proposed witness in league with the Defendant,<lb/>but not in such sort in league as to be capable of his<lb/>employing future testimony in his service. <add>In this state of things</add> Will the <gap/><lb/>passed? The <del>Defendant</del> proposed witness fails to attend; he is<lb/>made to pay it £100: but the Defendant pays it for him,<lb/>and this sum is gone. £400 out of the £500.</p> <p><note>2<lb/>In English <hi rend="underline">subpoenas</hi><lb/>inaptitude of<lb/>penalties for non attendance</note></p> <p>What is certain is — that the <unclear>laying</unclear> of this £100 is not<lb/>testimony. To provide for the <del><gap/></del> <gap/> in excess of it<lb/>the non attendance is <del>treated</del> <add>dealt with</add> on the footing of an interest<lb/>of the Court: and for <del>this</del> an offence of this denomination the<lb/>punishment being discretionary it may in most instances be <add>it is not in general incapable of being</add><lb/>made to outweigh the <add>all</add> profit of <add>by</add> the offence.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Feby. 7 + +
Procedure Code Formularies ?
Ch. Intermediate proceedings
§. Witness Attendance
requiring Mandate
English practice
1
These provisions
necessary though to
the English lawyer
they may appear trifling
To In the eyes an English lawyer all this anxiety, and the
variety of provision produced by it wd be apt to appear
trifling enough; not to say ridiculous. Answer of
individuals — feelings of individuals all such things objects are
altogether beneath the care of this Judge made law by which
all matters of the suit have been settled. [Of all such
cases, on this occasion or on so many others lying and
supply the plan.] In the Attendance requiring Mandate (a
subpoena is the name of it) a fixt sum the sum for
all cases to wit £100 is mentioned as the sum which
the proposed witness will be made to pay in case of
non-attendance. Of any such fixation the failing is sufficiently
apparent: in the greatest number of cases it will be
abundantly too much: in others it may be to any amount
inadequate. Sum in demand suppose £500 the in interest
or affection the proposed witness in league with the Defendant,
but not in such sort in league as to be capable of his
employing future testimony in his service. In this state of things Will the
passed? The Defendant proposed witness fails to attend; he is
made to pay it £100: but the Defendant pays it for him,
and this sum is gone. £400 out of the £500.
2
In English subpoenas
inaptitude of
penalties for non attendance
What is certain is — that the laying of this £100 is not
testimony. To provide for the in excess of it
the non attendance is treated dealt with on the footing of an interest
of the Court: and for this an offence of this denomination the
punishment being discretionary it may in most instances be it is not in general incapable of being
made to outweigh the all profit of by the offence.
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Identifier: | JB/056/066/001"JB/" can not be assigned to a declared number type with value 56. |
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1825-02-07 |
1-2 |
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056 |
Procedure Code |
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066 |
Procedure Code Formularies? |
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001 |
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Text sheet |
1 |
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recto |
C1 |
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18122 |
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