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13 Novr 1802
11
Dumont Procedure
Ends
but especially the alarm of which it is apt
to be productive.
Ends
Precipitation
17
— 2. for the forthcoming
of a witness
In which case however
there is no actual
inconvenience produced
if the witness comes
Thus again if the time allowed by the Judge
for the appearance of a witness is but three
days and the time which a person whose
opinion is supposed to be the standard would
fix upon as necessary for the purpose is
four days the Judge would of course in the
opinion of such person stand chargeable
with precipitation if then the witness accordingly
for want of sufficient time fails of making
his appearance within the time in question
and for want of his appearance an unjust
decision is given by the Judge a decision contrary
to one or other of the two ultimate
ends of Justice, in such case the contingent
inconvenience attached to the supposed
precipitation is converted into a real
one: but if notwithstanding the supposed
precipitation the witness does make his
appearance within the time and this without
any forensic vexation produced on the part
of him or any body else (for example without
injury to his health or to the value of his time
or increase of expense &c) in such case the
supposed precipitation turns out to be
no real precipitation or at least not to
be productive of any ultimate inconvenience
nor of any other inconvenience of any prejudice
to any of the ends of justice. On the
contrary the consequence & only consequence
of it consists in a real & positive convenience
since a portion of delay in the amount of a day is
saved.
Identifier: | JB/052/024/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-13 |
17 |
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052 |
procedure code |
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024 |
dumont procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d11 |
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john herbert koe |
1800 |
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1800 |
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16697 |
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