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<head>1825. March 20<lb/> Procedure Code</head> <p>6<lb/> <note><sic>Ch</sic> ix</note><lb/>(6 <note>§. Testimony how procurable<lb/>6. Means compulsory<lb/> accusative or <sic>prehension</sic><lb/> &c</note></p> <!-- three blocks of text arranged roughly side by side in two columns --> <!-- text on the left --><p> In what case <gap/> <sic>issuable</sic><lb/> Modes <add> in respect <gap/> <gap/></add> 1. <unclear>Course</unclear>. 2. <unclear>Examination</unclear></p> <!-- below on the left --> <p> § <add>Extraneous</add> Testimony how <del>procurable</del> <add>obtainable</add></p> <!-- text of the right crossed through in ink --> <p>(<gap/>) 1 <add>Oral</add> Mode of procurement<lb/> <del>1</del>2 Place of <sic>Testification</sic><lb/> 3. Information to be given <add>to him</add> in <gap/><lb/> 4 <unclear>Exam quarter</unclear> <foreign><unclear><hi rend="underline">Nil scit</hi></unclear></foreign> ?<lb/> 5. Intermediate response required<lb/> 6. Worth or real <sic>adduction</sic><lb/> <!-- finger pointing symbol --> Make this a distinct head</p> <!-- continues to the left of this text --> <p>7 Cases of <gap/><lb/> for epistolary<lb/> 8. Cases for option</p> <p>Note (a)</p> <p> (a) In respect of <add><sic>Art</sic></add> means, and thence needs of obtainment<lb/>the needs will be either be compulsory, by means of <add>eventual</add> punishment<lb/> or <sic>remunnatory</sic> — by means of eventual reward.</p> <p> Compulsory mean will be employable <add><del>f</del> apt</add> <del>t</del> in all cases; <sic>remunnatory</sic><lb/> in particular cases. First then as to <hi rend="underline">compulsory</hi></p> <!-- line in pencil across the page --> <p><note>15<lb/>Means of compulsion<lb/> employable on Defendants<lb/> for preliminary security<lb/> are so likewise for procurement<lb/> of testimony</note></p> <p><sic>Art.</sic> 1. In case of and, whatsoever means of compulsion<lb/> are employable, as per §§. on Defendants for the purpose<lb/>of preliminary security for eventual execution, are employable<lb/>for procurement of testimony, at the hands of extraneous<lb/> witnesses</p> <p><note>16<lb/> Reason evidence holders<lb/> adverse interest may be<lb/> as strong or stronger<lb/> than defendants</note></p> <p>Reasons 1. <del>By</del> In <add>By a <gap/></add> the way of sinister interest, self-regarding<lb/> or sympathetic, a person whose testimony is needed<lb/> may be linked with the party adverse to him who has the<lb/>need: and <del>may have</del> <add>for the</add> in withholding the testimony may have an<lb/> interest as strong as, or even stronger than the party who has <add>in whom is</add> <lb/><add>the</add> need of it</p> <p><note>17<lb/>In criminal cases<lb/> this obviously the case</note></p> <p>Such is <add>There is</add> <del>the case</del> obviously and un<gap/>fully the case the cases<lb/> <del><gap/></del> criminal cases whether purely public or public-private.<lb/> Co-delinquents <add>Generally speaking Co-offenders</add> will <del> have been <del>precipient</del> witnesses</del><lb/> with relation to each of them of the part borne by the others have<lb/> been <sic>precipient</sic> witnesses, and in that capacity <add>character</add> capable of becoming<lb/> with truth <add> judicially</add> narrating witnesses, in particular, accomplices<lb/> with relation to <add>as to the species of delinquency </add> the principal.</p> <p><note>18<lb/>Supposed <sic>precipient</sic> <lb/> witness may have been<lb/>. a <sic>codelinquent</sic></note></p> <p>On examination, this is that person who, in the first instance<lb/> was looked to in no other character than that of a <sic>precipient</sic><lb/> witness may <add>appear to</add> have been a <sic>Codelinquent</sic>: and being <gap/> would <add>will</add> of course<lb/> have <add><gap/></add> the same reluctance to the <del><gap/></del> coming into the picture and<lb/> <add>putting</add><lb/> <!-- continues in margin --> putting himself within the<lb/> power of the Judge, as a <lb/> delinquent who has already<lb/> been placed in the situation of <lb/> <!-- continues on edge of page --> proposed defendant</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. March 20
Procedure Code
6
Ch ix
(6 §. Testimony how procurable
6. Means compulsory
accusative or prehension
&c
In what case issuable
Modes in respect 1. Course. 2. Examination
§ Extraneous Testimony how procurable obtainable
() 1 Oral Mode of procurement
12 Place of Testification
3. Information to be given to him in
4 Exam quarter Nil scit ?
5. Intermediate response required
6. Worth or real adduction
Make this a distinct head
7 Cases of
for epistolary
8. Cases for option
Note (a)
(a) In respect of Art means, and thence needs of obtainment
the needs will be either be compulsory, by means of eventual punishment
or remunnatory — by means of eventual reward.
Compulsory mean will be employable f apt t in all cases; remunnatory
in particular cases. First then as to compulsory
15
Means of compulsion
employable on Defendants
for preliminary security
are so likewise for procurement
of testimony
Art. 1. In case of and, whatsoever means of compulsion
are employable, as per §§. on Defendants for the purpose
of preliminary security for eventual execution, are employable
for procurement of testimony, at the hands of extraneous
witnesses
16
Reason evidence holders
adverse interest may be
as strong or stronger
than defendants
Reasons 1. By In By a the way of sinister interest, self-regarding
or sympathetic, a person whose testimony is needed
may be linked with the party adverse to him who has the
need: and may have for the in withholding the testimony may have an
interest as strong as, or even stronger than the party who has in whom is
the need of it
17
In criminal cases
this obviously the case
Such is There is the case obviously and unfully the case the cases
criminal cases whether purely public or public-private.
Co-delinquents Generally speaking Co-offenders will have been precipient witnesses
with relation to each of them of the part borne by the others have
been precipient witnesses, and in that capacity character capable of becoming
with truth judicially narrating witnesses, in particular, accomplices
with relation to as to the species of delinquency the principal.
18
Supposed precipient
witness may have been
. a codelinquent
On examination, this is that person who, in the first instance
was looked to in no other character than that of a precipient
witness may appear to have been a Codelinquent: and being would will of course
have the same reluctance to the coming into the picture and
putting
putting himself within the
power of the Judge, as a
delinquent who has already
been placed in the situation of
proposed defendant
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Identifier: | JB/057/210/001"JB/" can not be assigned to a declared number type with value 57. |
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1825-03-20 |
15-18 |
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057 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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