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<head>1827. <sic> | <head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 4 +<lb/>Law Amendment.</head> <p><note><sic>ult</sic><lb/>Propositions.<lb/><sic>Ch.</sic> Procedure<lb/>§. After Applications & Suits<lb/>Evidence elicitation<lb/>Proposed System</note></p> <p>Chain of Substantive indicate to what ought to be<lb/>inadequacy Judiciary inadequate to the purpose its <unclear>prop</unclear><lb/>what can the purpose of the substantive<lb/>Procedure <add>Evidence</add> to what ought <add>to be</add> or are the purposes of the judges<lb/>Modes of securing evidence inadequate <add>to</add> the <add>the</add> securing the evidence designed to be obtained</p> <p>Mode of securing elicitation of needful evidence</p> <p><note>1<lb/>Evidence elicitation<lb/>mode.<lb/>Applicant admitted<lb/>gives name of evidence<lb/>holders & his proposed<lb/>principal witnesses</note></p> <p>1. Under the proposed system</p> <p>1. The applicant admitted as plaintiff after delivery <lb/>of his own testimony <add>the</add> names of the persons in whom he behold<lb/>the character of evidence holders and as to proposed <add>testimony delivering</add> witnesses<lb/>those whom he regards <add>as having been in relation to some matter of fact regarded as material</add> in the character of principal witnesses</p> <p><note>2<lb/>Of persons whom he<lb/>supposes able to afford<lb/>information</note></p> <p><del>Therefore also</del> <add>Moreover</add> if so it be that, if, with relation to such<lb/>& such a supposed principal witness or <add>other</add> evidence holders, <del>L</del> is<lb/><add><del>the</del> with relation to such or such/this or that a fact regarded as material, the principal witness or witnesses<lb/>be they who they may</add><lb/><del>some</del> this or that person would (he supposes) be able to afford<lb/>material information, of such person or persons he will thereupon<lb/>give information <add>intimation</add> and by so doing give commencement<lb/>to the <del><gap/></del> first links in the chain of concomitant evidence<lb/>to be elicited in the investigative mode. <add>Of</add> All<lb/>such witnesses the names and in <del><gap/></del> so often as they can be given<lb/>the <del>attendance</del> <add>communication</add> -securing description being minuted, <add>invitation</add> warrants, for commanding<lb/>or if need be <add>in case of need</add> prehensive warrants for securing the attendance<lb/>of the proposed witness</p> <p><note>3<lb/>On his responsibility<lb/><add>names</add> of persons regarded as<lb/><del>hol</del> able to afford<lb/>evidence immediately<lb/>applicable</note></p> <p>On his responsibility the indication is afforded of such <del><gap/><lb/><gap/></del> persons and such alone <del>whose</del> <add>who</add> on defensible<lb/>grounds <del>the supposition</del> by the applicant regarded as capable of<lb/>affording evidence immediately applicable or indicative only<lb/>as the case may be. <add>On his responsibility</add> Those, and no other: for, for <del>non</del> useless<lb/>and groundless vexation inflicted on any person by the exaction<lb/>of testimony, or of <add>the exhibition of</add> real or written evidence, he will be <sic>compensationally</sic><lb/>at any rate whether or no <unclear>practically</unclear> also<lb/>responsible.</p><!-- line across the page in ink --> <p>Note (a)<lb/>(a) No worth <del>regard</del> further mention on this occasion, <hi rend="underline">character witnesses</hi>.</p> | ||
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1827. Novr. 4 +
Law Amendment.
ult
Propositions.
Ch. Procedure
§. After Applications & Suits
Evidence elicitation
Proposed System
Chain of Substantive indicate to what ought to be
inadequacy Judiciary inadequate to the purpose its prop
what can the purpose of the substantive
Procedure Evidence to what ought to be or are the purposes of the judges
Modes of securing evidence inadequate to the the securing the evidence designed to be obtained
Mode of securing elicitation of needful evidence
1
Evidence elicitation
mode.
Applicant admitted
gives name of evidence
holders & his proposed
principal witnesses
1. Under the proposed system
1. The applicant admitted as plaintiff after delivery
of his own testimony the names of the persons in whom he behold
the character of evidence holders and as to proposed testimony delivering witnesses
those whom he regards as having been in relation to some matter of fact regarded as material in the character of principal witnesses
2
Of persons whom he
supposes able to afford
information
Therefore also Moreover if so it be that, if, with relation to such
& such a supposed principal witness or other evidence holders, L is
the with relation to such or such/this or that a fact regarded as material, the principal witness or witnesses
be they who they may
some this or that person would (he supposes) be able to afford
material information, of such person or persons he will thereupon
give information intimation and by so doing give commencement
to the first links in the chain of concomitant evidence
to be elicited in the investigative mode. Of All
such witnesses the names and in so often as they can be given
the attendance communication -securing description being minuted, invitation warrants, for commanding
or if need be in case of need prehensive warrants for securing the attendance
of the proposed witness
3
On his responsibility
names of persons regarded as
hol able to afford
evidence immediately
applicable
On his responsibility the indication is afforded of such
persons and such alone whose who on defensible
grounds the supposition by the applicant regarded as capable of
affording evidence immediately applicable or indicative only
as the case may be. On his responsibility Those, and no other: for, for non useless
and groundless vexation inflicted on any person by the exaction
of testimony, or of the exhibition of real or written evidence, he will be compensationally
at any rate whether or no practically also
responsible.
Note (a)
(a) No worth regard further mention on this occasion, character witnesses.
Identifier: | JB/056/218/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-04 |
1-3 |
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056 |
Law Amendment |
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218 |
Law Amendment |
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001 |
Note (a) |
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Text sheet |
1 |
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recto |
C6 / C5 / C1** / E1? |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18274 |
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