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<head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 15<lb/><add>Law Amendment</add> <del>Constitutional Code</del></head> <p><note><sic>Ch.</sic> Propositions<lb/>§. Procedure<lb/>Epistolary mode<lb/>how extendable</note></p> <p><note>1<lb/>Epistolary mode as<lb/>far as it goes be employed<lb/>1. In examination not<lb/>only of defendants but of<lb/>Plaintiffs & extraneous<lb/>witnesses</note></p> <p><add>That</add> The epistolary mode <del>being employed <add>at</add> in the | <head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 15<lb/><add>Law Amendment</add> <del>Constitutional Code</del></head> <p><note><sic>Ch.</sic> Propositions<lb/>§. Procedure<lb/>Epistolary mode<lb/>how extendable</note></p> <p><note>1<lb/>Epistolary mode as<lb/>far as it goes be employed<lb/>1. In examination not<lb/>only of defendants but of<lb/>Plaintiffs & extraneous<lb/>witnesses</note></p> <p><add>That</add> The epistolary mode <del>being employed <add>at</add> in the cases abovementioned<lb/>state</del> be employed in eliciting <del><gap/></del> evidence not only <del>from</del> as at<lb/>present from Defendants, but <add>moreover</add> from <unclear>unentrusted</unclear> witness in the same <unclear>sort</unclear><lb/><gap/> <unclear>virtue</unclear> <add><unclear>as conceived</unclear></add> from Plaintiffs.</p> <p>That <del>the use of</del> the epistolary mode <del>may</del> be <del>carried</del> <add>employed</add> as far as<lb/>it will go: employed in eliciting evidence not only from Defendants but <foreign>viva<lb/>voce</foreign> in the same such form <del>mere witnesses</del> Plaintiffs: not merely from<lb/>parties, <del>but moreover from extra</del> — who in so far as <del>they <gap/></del><lb/>it delivered by them are not <add>the</add> less witnesses, but moreover from extraneous<lb/>witnesses — who alone are in the present plan spoken of under the denomination<lb/>of witnesses.</p> <p><note>2 not only from<lb/>persons in England but<lb/>in foreign countries</note></p> <p>That it be employed <del>not only</del> for the elicitation of evidence<lb/>not only from persons whose residence at the time is within the territory<lb/>over which the <add>authority of the</add> Judiciary <del>system of</del> establishment of England extends<lb/>but moreover from <add>all </add> persons over whom <del>that</del> it is in the power of that<lb/>same establishment by any lawful means to exercise appropriate <add>relevant</add><lb/>and adequate influence that is to say not only <add>whether</add> in London and<lb/>Scotland and Ireland and the several distant dependencies of the United<lb/>Kingdom all over the surface of the globe, but within the dominion of<lb/>foreign governments: for if there be but so much as a single right<lb/>whether in possession or expectancy which in case of non-resistance<lb/>or false responsion it would be in the power of the English Judicature<lb/>to divest the proposed examinee in whichsoever of the above capacities<lb/>addressed; that right would in proportion <add>according</add> to the value of it<lb/>be as effectual as to the obtainment of correct and <sic>compleat</sic> evidence<lb/>as if he were resident within the <add>judicial</add> territory of the Judicatory from which<lb/>the interrogation paper emanated. So to the receipt of the interrogation<lb/>paper, that is a fact <del>which</del> the establishment of which would be alike<lb/>necessary in every case.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827. Octr. 15
Law Amendment Constitutional Code
Ch. Propositions
§. Procedure
Epistolary mode
how extendable
1
Epistolary mode as
far as it goes be employed
1. In examination not
only of defendants but of
Plaintiffs & extraneous
witnesses
That The epistolary mode being employed at in the cases abovementioned
state be employed in eliciting evidence not only from as at
present from Defendants, but moreover from unentrusted witness in the same sort
virtue as conceived from Plaintiffs.
That the use of the epistolary mode may be carried employed as far as
it will go: employed in eliciting evidence not only from Defendants but viva
voce in the same such form mere witnesses Plaintiffs: not merely from
parties, but moreover from extra — who in so far as they
it delivered by them are not the less witnesses, but moreover from extraneous
witnesses — who alone are in the present plan spoken of under the denomination
of witnesses.
2 not only from
persons in England but
in foreign countries
That it be employed not only for the elicitation of evidence
not only from persons whose residence at the time is within the territory
over which the authority of the Judiciary system of establishment of England extends
but moreover from all persons over whom that it is in the power of that
same establishment by any lawful means to exercise appropriate relevant
and adequate influence that is to say not only whether in London and
Scotland and Ireland and the several distant dependencies of the United
Kingdom all over the surface of the globe, but within the dominion of
foreign governments: for if there be but so much as a single right
whether in possession or expectancy which in case of non-resistance
or false responsion it would be in the power of the English Judicature
to divest the proposed examinee in whichsoever of the above capacities
addressed; that right would in proportion according to the value of it
be as effectual as to the obtainment of correct and compleat evidence
as if he were resident within the judicial territory of the Judicatory from which
the interrogation paper emanated. So to the receipt of the interrogation
paper, that is a fact which the establishment of which would be alike
necessary in every case.
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Identifier: | JB/056/188/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-15 |
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056 |
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188 |
Law Amendment |
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001 |
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1 |
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recto |
E7 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18244 |
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