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<p>1825. Nov. 19<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Procedure Code</head><note>Ch. 1.  Stages of Procedure<lb/>
 
&sect;. 3.  First &amp;c mutual attendances.  Those, and eventually <del>every</del> ensuing ones.</note></p>
 
<p><head>&sect;.  <del>First</del> Mutual attendances –</head></p>
 
<p>The first mutual attendance will be <del>the second on the<lb/>
pursuer's side</del> the first <add>attendance</add> on the defendants side.  Attendance will<lb/>
not be exacted <del>of him till the applicant</del> but for the chance of settling<lb/>
matters at that meeting.</p>
<p>On this occasion likewise the parties on both sides will<lb/>
be at liberty to adduce evidence of all sorts such as happens<lb/>
to be <add>respectively</add> at their respective disposal:  and if on both sides all the<lb/>
evidence which the case happens to furnish is forthcoming so much<lb/>
the better, for in that case the <del><gap/></del> <add>suit</add> may receive its termination<lb/>
at the first mutual attendance.</p>
<p>In any <del>a case</del> <add>many</add> an instance there will be no evidence<lb/>
other than that which the parties furnish each for himself, his<lb/>
own assertion, or evidence real or written or real or both,<lb/>
adduced by him, in this case the suit will be ripe for decision<lb/>
as above.</p>
<p>This will frequently be the case in cases of small importance,<lb/>
such as petty <add>small</add> debts, trifling assaults, or trifling injuries<lb/>
to reputation <add>or rather mental injury</add> by vituperative language <del>without</del> <add><unclear>trivial discourse</unclear></add> <unclear>without</unclear> extraneous<lb/>
hearers.</p>
<p>Be the case <del>more</del> so complicated <add>the suit ever so complex</add>, and the mass of<lb/>
evidence ever so far from being compleat, at the <add>first</add> meeting <del><gap/></del><lb/>
<unclear>may</unclear> almost always be <unclear>turned</unclear> on both sides on what point the<lb/>
decision will turn <del><gap/></del> of what sort is the ulterior evidence<lb/>
from what person and what places it will have to<lb/>
come, and then what the length of time may be before according<lb/>
to probable expectation it will be forthcoming:  all these points<lb/>
ascertained by assertions delivered under the most effectually<lb/>
responsibility in respect of their verity.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
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Revision as of 02:04, 31 October 2024

Click Here To Edit

1825. Nov. 19
Procedure CodeCh. 1. Stages of Procedure
§. 3. First &c mutual attendances. Those, and eventually every ensuing ones.

§. First Mutual attendances –

The first mutual attendance will be the second on the
pursuer's side
the first attendance on the defendants side. Attendance will
not be exacted of him till the applicant but for the chance of settling
matters at that meeting.

On this occasion likewise the parties on both sides will
be at liberty to adduce evidence of all sorts such as happens
to be respectively at their respective disposal: and if on both sides all the
evidence which the case happens to furnish is forthcoming so much
the better, for in that case the suit may receive its termination
at the first mutual attendance.

In any a case many an instance there will be no evidence
other than that which the parties furnish each for himself, his
own assertion, or evidence real or written or real or both,
adduced by him, in this case the suit will be ripe for decision
as above.

This will frequently be the case in cases of small importance,
such as petty small debts, trifling assaults, or trifling injuries
to reputation or rather mental injury by vituperative language without trivial discourse without extraneous
hearers.

Be the case more so complicated the suit ever so complex, and the mass of
evidence ever so far from being compleat, at the first meeting
may almost always be turned on both sides on what point the
decision will turn of what sort is the ulterior evidence
from what person and what places it will have to
come, and then what the length of time may be before according
to probable expectation it will be forthcoming: all these points
ascertained by assertions delivered under the most effectually
responsibility in respect of their verity.


Identifier: | JB/055/274/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1824-11-19

Marginal Summary Numbering

1-4

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

274

Info in main headings field

Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C1 / D4 / E1

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

17995

Box Contents

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