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<head>1825. <sic>Jan<hi rend="superscript">y</hi></sic>. 30<lb/> Procedure Code</head> <!-- note text in pencil apart from Ch and § --> <p>7<lb/> <note>Ch.</note><lb/>(3) (3 <note>§. Mode of examination<lb/> 2 Epistolary <hi rend="underline">not <gap/></hi></note></p> <!-- the first three paragraphs have been crossed through in pencil --><p><sic>Arts</sic> The epistolary mode is employed either<lb/>1. by inclination or 2 by necessity.</p> <p> By inclination <add> cases in which</add> it is employable are the following.<lb/> 1. Where the party at whose instance the examination<lb/>is taken is content that it be taken in this mode.</p> <p>In this case if the party at whose instance is the <add>a</add><lb/> pursuer and the <sic>examinee</sic> a defender the defendant, the defendant<lb/>also consenting and not unwilling to be so examined<lb/> <del>no objections are there</del> there remains not any <unclear>occasion</unclear><lb/>from which <add>any</add> objections can arise</p> <!-- line in pencil across the page, end of crossed out section --> <p><note>7<lb/> <sic>Responsion</sic> paper</note></p> <p> The <del>interrogation list</del> <add>Examination paper</add> being sent from the originating<lb/> judicatory, and in the <add>accompanying</add> <hi rend="underline">Examination Order</hi> a day<lb/>specified on or before which the <del>answer</del> <hi rend="underline"><sic>Responsion</sic> Paper</hi><lb/>is to have been delivered at the Originating judicatory<lb/> <add>either</add> such <sic>Responsion</sic> papers must <del>have</del> on or before that day<lb/> have been delivered accordingly or an excuse <add> a non <sic>responsion</sic></add> made<lb/> <add>and sent</add> for the non-delivery of it made and sent accompanied <lb/> with an Ulterior <sic>Responsion</sic> undertaking in which <del>by</del><lb/> a day is mentioned in which the examined undertaking<lb/> to be in attendance at the judicatory for the purpose<lb/> of being examined.</p> <p>The examined <del>is bound</del> will, on his responsibility<lb/>deliver some account within the time limited declaring<lb/> it to be as <sic>compleat</sic> as he can render it within the time<lb/>But in so far as it is <sic>incompleat</sic> or incorrect, he will on<lb/> his responsibility <sic>transmitt</sic> ulterior answers <sic>untill</sic> it be sufficient <add><sic>compleat</sic> and correct</add> <lb/><!-- continues in the margin --> and for the purpose of<lb/> rendering it the more<lb/> <sic>compleat</sic> and correct<lb/> he has a right to<lb/> attend at the judicatory<lb/> <!-- continues along the right hand edge of the page --> and be <add> be there</add> examined in the oral mode, if a decision <add>by him</add> to that effect be expressed.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Jany. 30
Procedure Code
7
Ch.
(3) (3 §. Mode of examination
2 Epistolary not
Arts The epistolary mode is employed either
1. by inclination or 2 by necessity.
By inclination cases in which it is employable are the following.
1. Where the party at whose instance the examination
is taken is content that it be taken in this mode.
In this case if the party at whose instance is the a
pursuer and the examinee a defender the defendant, the defendant
also consenting and not unwilling to be so examined
no objections are there there remains not any occasion
from which any objections can arise
7
Responsion paper
The interrogation list Examination paper being sent from the originating
judicatory, and in the accompanying Examination Order a day
specified on or before which the answer Responsion Paper
is to have been delivered at the Originating judicatory
either such Responsion papers must have on or before that day
have been delivered accordingly or an excuse a non responsion made
and sent for the non-delivery of it made and sent accompanied
with an Ulterior Responsion undertaking in which by
a day is mentioned in which the examined undertaking
to be in attendance at the judicatory for the purpose
of being examined.
The examined is bound will, on his responsibility
deliver some account within the time limited declaring
it to be as compleat as he can render it within the time
But in so far as it is incompleat or incorrect, he will on
his responsibility transmitt ulterior answers untill it be sufficient compleat and correct
and for the purpose of
rendering it the more
compleat and correct
he has a right to
attend at the judicatory
and be be there examined in the oral mode, if a decision by him to that effect be expressed.
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