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' | <head>1825. <del><sic>Feb<hi rend="superscript">y</hi> Jan</sic> 31<lb/>Procedure Code</head> <!-- text in pencil apart from Ch. and § --> <p><note>CH IX Intermediate Proceedings<lb/> §. Reasons to be <gap/><lb/> 1. which<lb/> 2. Place<lb/> <unclear>Angled</unclear></note></p> <p><note>6<lb/>Epistolary examination<lb/>applicable only to one<lb/> party in the narrow<lb/> circle of Equity procedure<lb/>& in no other case</note></p> <p>Epistolary examination, yes: but the <gap/> <add> not</add> upon<lb/>an <gap/> witness in any case. Only upon <Add>Sole person</add> a defendant;<lb/> nor upon a defendant but in the comparatively<lb/>narrow part of the field which is covered by the jurisdiction<lb/> of the judicatory calling themselves Courts of<lb/> Equity. Applicable as in the case only to a party<lb/>on one side of the suit, to wit the defendant's side: to any<lb/><add>party</add> on the Pursuers side not without a distant seat in which<lb/> to delay vexation and expense of the first is doubled.</p> <p><note>7<lb/> <gap/> if subservient to<lb/> justice in one case why<lb/> not in every case.</note></p> <p>But if <gap/> <add> subservient<a/dd> to <del>the <gap/> <gap/></del> the side of<lb/> justice both is either of them in any one case <add>where</add> in<lb/>what case is it <add>is the case in which</add> that it is not then <gap/>?</p> <p><note>8<lb/> Extraneous witnesses<lb/> examined in no place<lb/> but before a jury</note></p> <p>Parties being then <gap/> from examination <add> exempt as above exempted</add><lb/> in both modes in the oral mode except in <add><gap/></add> <gap/><lb/>and with the <gap/> no person examined but in the<lb/>character of an extraneous witness, what are the places<lb/>in which they are respectively examined? One only namely<lb/>that one in which the hearing called the Trial — the hearing <lb/>before a Jury has place <add>is performed</add>. To that one place the whole<lb/> number of them from their respective abodes whatsoever may<lb/> in each case be the <unclear>distinct merit</unclear>, must flock together<lb/>and that whether <gap/> the point <add>facts</add> as to what they have<lb/> respectively to speak there to any <gap/> as seems</p> <p><note>9<lb/> In proposed Code<lb/> universal admission<lb/> of evidence at Judges<lb/> discretion</note></p> <p>To this course under the penal proposed Code, <del>the</del><lb/>to this course whatever it is in comparison with the<lb/>others <gap/. evidence to the ends of justice the Judge<lb/>will be at liberty to betake himself: and then <add>for</add> by the liberty<lb/><add>law</add> <gap/> in this respect no evil <del><gap/></del> case in any shape<lb/> can with <gap/> be apprehended: but in whatever case the<lb/> evil is capable of being reduced to a less amount than what<lb/>would result from the course, <del>but</del> that liberty is <del>attends</del><lb/>allowed to him <del>whatever</del> by which it would be in his power to minimise it.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1825. Feby Jan 31
Procedure Code
CH IX Intermediate Proceedings
§. Reasons to be
1. which
2. Place
Angled
6
Epistolary examination
applicable only to one
party in the narrow
circle of Equity procedure
& in no other case
Epistolary examination, yes: but the not upon
an witness in any case. Only upon Sole person a defendant;
nor upon a defendant but in the comparatively
narrow part of the field which is covered by the jurisdiction
of the judicatory calling themselves Courts of
Equity. Applicable as in the case only to a party
on one side of the suit, to wit the defendant's side: to any
party on the Pursuers side not without a distant seat in which
to delay vexation and expense of the first is doubled.
7
if subservient to
justice in one case why
not in every case.
But if subservient<a/dd> to the the side of
justice both is either of them in any one case <add>where in
what case is it is the case in which that it is not then ?
8
Extraneous witnesses
examined in no place
but before a jury
Parties being then from examination exempt as above exempted
in both modes in the oral mode except in
and with the no person examined but in the
character of an extraneous witness, what are the places
in which they are respectively examined? One only namely
that one in which the hearing called the Trial — the hearing
before a Jury has place is performed. To that one place the whole
number of them from their respective abodes whatsoever may
in each case be the distinct merit, must flock together
and that whether the point facts as to what they have
respectively to speak there to any as seems
9
In proposed Code
universal admission
of evidence at Judges
discretion
To this course under the penal proposed Code, the
to this course whatever it is in comparison with the
others <gap/. evidence to the ends of justice the Judge
will be at liberty to betake himself: and then for by the liberty
law in this respect no evil case in any shape
can with be apprehended: but in whatever case the
evil is capable of being reduced to a less amount than what
would result from the course, but that liberty is attends
allowed to him whatever by which it would be in his power to minimise it.
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Identifier: | JB/057/174/001"JB/" can not be assigned to a declared number type with value 57. |
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1825-01-31 |
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174 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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