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<head>1825. March 4<lb/> Procedure Code</head> <p><note><sic>Ch</sic></note><lb/>(4 <note>§.</note></p> <p><note>7<lb/> Exceptions<lb/> 1 Facts simple</note></p> <p> <sic>Art.</sic> Exceptions are as follows:</p> <p><del>1 Where the < | <head>1825. March 4<lb/> Procedure Code</head> <p><note><sic>Ch</sic></note><lb/>(4 <note>§.</note></p> <p><note>7<lb/> Exceptions<lb/> 1 Facts simple</note></p> <p> <sic>Art.</sic> Exceptions are as follows:</p> <p><del>1 Where the <add>fundamental</add> points in question be not due of <gap/><gap/> if<lb/> susceptible of <add>open to</add> concerning<lb/> <gap/> and that of fact</del> </p> <p>1. Where not only the point of time but also the point of<lb/> fact being of such simplicity as to <del>be capable of receiving</del><lb/><sic>admitt</sic> of the <del><gap/></del> answering by a yea or a no the<lb/> appropriate question, <del>the repairing of his place</del> his actual<lb/>or otherwise distinct place of residence is to such a degree<lb/>distant from the Justice Chamber <add>in question,</add> that the evil form <add>detriment produced</add><lb/><add>by</add> the vexation and expense <del>be</del> with relation to the collateral<lb/>ends of justice would outweigh the <add>all</add> advantage of any<lb/><add>which</add> with relation to the direct ends of justice would reasonably<lb/>be expected from the holding <add>commencing</add> the intercourse in the oral<lb/> mode</p> <p><note>2 Reasonable excuse<lb/> on Defendants part<lb/> for non attendance</note></p> <p>2. Where the <del>distance between the evidence of the proper</del> <add> circumstance in which the</add><lb/> proposed Defendant is <del>so circumstanced as <gap/></del><lb/> placed are such as to afford a reasonable excuse<lb/>for non <del>att</del> compliance with an <hi rend="underline">attendance <unclear>ordering</unclear></hi><lb/> mandate if issued: yet not such as to preclude him<lb/>from furnishing an answer <add>to interrogation/to an Examination missive</add> in the epistolary mode<lb/>For a <add>the</add> list of these excuses see <sic>Ch.</sic> §§. . </p> <p><note>3 Defendant at a <lb/> distance or abroad</note></p> <p>3. Where the <del><gap/></del> residence, actual and distant of the<lb/> proposed defendant being in a foreign country <!-- brackets in pencil --> [or distant<lb/>dependency of the state is at the same time at such<lb/>a distance from the <del>Judicatory</del> <add> Justice Chamber in question</add> as to render the compulsory<lb/> attendance thereat plainly repugnant to the ends of justice<lb/> while circumstances are such as not to preclude the commencing<lb/> intercourse with him for the purpose of the suit in the <lb/><!-- continues into margin and up the right hand edge of the page-->epistolary mode.<lb/> As to the Reasons see <sic>Ch.</sic> §§.</p> | ||
1825. March 4
Procedure Code
Ch
(4 §.
7
Exceptions
1 Facts simple
Art. Exceptions are as follows:
1 Where the fundamental points in question be not due of if
susceptible of open to concerning
and that of fact
1. Where not only the point of time but also the point of
fact being of such simplicity as to be capable of receiving
admitt of the answering by a yea or a no the
appropriate question, the repairing of his place his actual
or otherwise distinct place of residence is to such a degree
distant from the Justice Chamber in question, that the evil form detriment produced
by the vexation and expense be with relation to the collateral
ends of justice would outweigh the all advantage of any
which with relation to the direct ends of justice would reasonably
be expected from the holding commencing the intercourse in the oral
mode
2 Reasonable excuse
on Defendants part
for non attendance
2. Where the distance between the evidence of the proper circumstance in which the
proposed Defendant is so circumstanced as
placed are such as to afford a reasonable excuse
for non att compliance with an attendance ordering
mandate if issued: yet not such as to preclude him
from furnishing an answer to interrogation/to an Examination missive in the epistolary mode
For a the list of these excuses see Ch. §§. .
3 Defendant at a
distance or abroad
3. Where the residence, actual and distant of the
proposed defendant being in a foreign country [or distant
dependency of the state is at the same time at such
a distance from the Judicatory Justice Chamber in question as to render the compulsory
attendance thereat plainly repugnant to the ends of justice
while circumstances are such as not to preclude the commencing
intercourse with him for the purpose of the suit in the
epistolary mode.
As to the Reasons see Ch. §§.
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