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<head>1825. March 18<lb/>Procedure Code</head> <!-- in pencil --> <p><foreign>Stet</foreign> 17 <sic>Apr</sic> 1825 7 <note>7</note><lb/>A I <del>[B.1]</del> G<lb/>(7</p> <p>P I<lb/><sic>Ch.</sic> VII Judiciary <del>commun</del> <add>intercourse</add></p> <!-- this page is organised in four columns --> <p><sic>Ch <!-- numbers in pencil --> IX IV?<lb/>§ 1 <foreign>Consideranda</foreign></p> <p>1.<lb/><sic>Art</sic> 1. Considered at this<lb/> | <head>K 1825. March 18<lb/>Procedure Code</head> <!-- in pencil --> <p><foreign>Stet</foreign> 17 <sic>Apr</sic> 1825 7 <note>7</note><lb/>A I <del>[B.1]</del> G<lb/>(7</p> <p>P I<lb/><sic>Ch.</sic> VII Judiciary <del>commun</del> <add>intercourse</add></p> <!-- this page is organised in four columns --> <p><sic>Ch</sic> <!-- numbers in pencil --> IX IV?<lb/>§ 1 <foreign>Consideranda</foreign></p> <p>1.<lb/><sic>Art</sic> 1. Considered at this<lb/>Stage as to communication<lb/>for the judicial<lb/>purpose<lb/><add>1. Ends to be aimed at.</add><lb/>1. Person to be communicated<lb/>with.<lb/><add>1. Nature of the suit</add><lb/>2. Purposes for which<lb/>they may respectively<lb/>be to be communicated<lb/>with<lb/>3. Communicators or<lb/><hi rend="underline">Addressers</hi>, persons <hi rend="underline">by</hi><lb/>whom, for those purposes<lb/>respectively communication<lb/>may require<lb/>to be made<lb/>4. Addressees. persons<lb/><hi rend="underline">to</hi> whom the several<lb/>communications may<lb/>respectively require<lb/>to be made</p> <p><add>4*. <sic><hi rend="underline">Interesees</hi></sic>, <foreign>in prima</foreign></add><lb/>5. Operations which, on<lb/>the occasion of the several<lb/>communications<lb/>may require to<lb/>be performed for those<lb/>several purposes.</p> <p>6. <hi rend="underline">Instruments</hi>, or say<lb/>written <hi rend="underline">forms</hi>, which<lb/>for the performance<lb/>of those several operations<lb/>may respectively<lb/>require to be issued.</p> <p>7. Correspondent considerations<lb/>in regard<lb/>to things moveable &<lb/>unmoveable.</p> <p>8.<lb/>So in regard to any<lb/>such <hi rend="underline">rights</hi>, as may<lb/>require to be prehended<lb/>for the purpose of preliminary<lb/>security, or definitive<lb/>execution.</p> <pb/> <!-- start of second column --> <p>§.1 <foreign>Considerenda</foreign></p> <p>2<lb/><sic>Art</sic> 2 <add>II</add> Persons who for<lb/>judicial purposes at<lb/>this stage may need to<lb/>be communicated with.<lb/>1. Pursuer's co-<sic>interessee</sic><lb/>or co-<sic>interesees</sic>, on his<lb/>side as proposed co-pursuers.<lb/>2 Proposed Witness or<lb/>Witnesses on pursuer's<lb/>side<lb/>3 Proposed Defendant<lb/>or Defendants.</p> <p>3.<lb/><sic>Art</sic>3. <add>III</add> Purposes, as to proposed<lb/>Co-pursuers.<lb/>1. Delivery of their Demand<lb/>Paper.<lb/>2 Settling with each<lb/>other the proposed purport<lb/>and tenor of these<lb/>their demands.<lb/>3. Settling with one another<lb/>and the Judge<lb/>what next course<lb/>shall be taken as to<lb/>communication with<lb/>proposed pursuer's Witnesses<lb/>and Defendants.<lb/>4. Settling who to apply to<lb/>as proposed Witnesses.<lb/>5. Settling the most<lb/>prominent mode of<lb/>communicating with<lb/>them for that purpose.<lb/>6. Settling whether as<lb/>to the Defendant, any<lb/>& what means of preliminary<lb/>security<lb/>are necessary</p> <pb/> <!-- start of third column --> <p>§.1 <foreign>Considerenda</foreign></p> <p>4.<lb/><sic>Art</sic> 4. Note, that of any<lb/>such <sic>Cointeressee</sic><lb/>& proposed co-pursuer,<lb/>the existence is<lb/>matter of accident,<lb/>& in most instances<lb/>will not have place.<lb/>For examples of the<lb/>cases in which it has<lb/>place, see <sic>Ch.</sic>.</p> <p>5.<lb/><sic>Art</sic> 5. II Proposed witness<del>es</del><lb/>viz <hi rend="underline">new</hi> such<lb/>only whose capacity<lb/>of testifying is supposed<lb/>known to original Pursuer or Co-pursuers.<lb/>Purposes<lb/>1. Sending to him a<lb/>Witness's Attendance<lb/>Mandate or else<lb/>2. A Witness Examination<lb/>Mandate.<lb/>3. Receiving from him<lb/>in either case a Witness's<lb/>compliance<lb/>announcing response.<lb/>4. Or a Witness's Excuse<lb/>paper; or<lb/>5. A Witness <sic>testificative</sic><lb/>response:<lb/>Or in case of attendance<lb/>6. Receiving him & examining<lb/>him on his<lb/>attendance.</p> <p>6.<lb/><sic>Art</sic> 6. In case of necessity,<lb/>causing him to<lb/>be <sic>prehended</sic> & adduced<lb/>for the purpose<lb/>of examination, to wit<lb/>by a Witness's adduction<lb/>Mandate, delivered or<lb/>sent to an appropriate<lb/>functionary or<lb/><hi rend="underline">Prehender</hi>.</p> <pb/> <!-- start of fourth column --> <p>§.1 <foreign>Considerenda</foreign></p> <p>7.<lb/><sic>Art</sic> 7. By proposed Witness<lb/>understand also holder<lb/>of written or other oral<lb/>evidence required to be<lb/>adduced or transmitted.</p> <p>8.<lb/><sic>Art</sic> 8. III Proposed Defendant — <lb/>say <hi rend="underline">one</hi>:<lb/>Purposes.<lb/>1. Sending to him a proposed<lb/>Defendant's compliance<lb/>or Defendant's<lb/>attendance requiring<lb/>Mandate.<lb/>2 Receiving from him<lb/>a compliance-announcing<lb/>response; or<lb/>3. A Defence-paper<lb/>with an attendance <del>pro</del> <add>ann</add>ouncing<lb/>response or<lb/>4. a Defendant's Excuse<lb/>paper.<lb/>5. Receiving & examining<lb/>him on his attendance.<lb/>6. In case of his being<lb/>examined in the epistolary<lb/>mode, in addition<lb/>to his Defence paper,<lb/>his Defendant's testification<lb/>paper<lb/>7. In case of necessity, causing<lb/>him to be prehended<lb/>& adducted, for the purpose<lb/>of examination by a Defendant's<lb/>adduction Mandate,<lb/>delivered or sent to<lb/>a Prehender, as above.</p> <!-- line in pencil across the column. Additional text at the bottom of the column --> <p>1. Ends to be aimed at — <lb/>the ends of justice: direct<lb/>and collateral.</p> <p>Antagonization between<lb/>them throughout.</p> <p>Rule <!-- blank space --><gap/> In practice,<lb/>prefer the least evil.</p> | ||
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K 1825. March 18
Procedure Code
Stet 17 Apr 1825 7 7
A I [B.1] G
(7
P I
Ch. VII Judiciary commun intercourse
Ch IX IV?
§ 1 Consideranda
1.
Art 1. Considered at this
Stage as to communication
for the judicial
purpose
1. Ends to be aimed at.
1. Person to be communicated
with.
1. Nature of the suit
2. Purposes for which
they may respectively
be to be communicated
with
3. Communicators or
Addressers, persons by
whom, for those purposes
respectively communication
may require
to be made
4. Addressees. persons
to whom the several
communications may
respectively require
to be made
4*. Interesees, in prima
5. Operations which, on
the occasion of the several
communications
may require to
be performed for those
several purposes.
6. Instruments, or say
written forms, which
for the performance
of those several operations
may respectively
require to be issued.
7. Correspondent considerations
in regard
to things moveable &
unmoveable.
8.
So in regard to any
such rights, as may
require to be prehended
for the purpose of preliminary
security, or definitive
execution.
---page break---
§.1 Considerenda
2
Art 2 II Persons who for
judicial purposes at
this stage may need to
be communicated with.
1. Pursuer's co-interessee
or co-interesees, on his
side as proposed co-pursuers.
2 Proposed Witness or
Witnesses on pursuer's
side
3 Proposed Defendant
or Defendants.
3.
Art3. III Purposes, as to proposed
Co-pursuers.
1. Delivery of their Demand
Paper.
2 Settling with each
other the proposed purport
and tenor of these
their demands.
3. Settling with one another
and the Judge
what next course
shall be taken as to
communication with
proposed pursuer's Witnesses
and Defendants.
4. Settling who to apply to
as proposed Witnesses.
5. Settling the most
prominent mode of
communicating with
them for that purpose.
6. Settling whether as
to the Defendant, any
& what means of preliminary
security
are necessary
---page break---
§.1 Considerenda
4.
Art 4. Note, that of any
such Cointeressee
& proposed co-pursuer,
the existence is
matter of accident,
& in most instances
will not have place.
For examples of the
cases in which it has
place, see Ch..
5.
Art 5. II Proposed witnesses
viz new such
only whose capacity
of testifying is supposed
known to original Pursuer or Co-pursuers.
Purposes
1. Sending to him a
Witness's Attendance
Mandate or else
2. A Witness Examination
Mandate.
3. Receiving from him
in either case a Witness's
compliance
announcing response.
4. Or a Witness's Excuse
paper; or
5. A Witness testificative
response:
Or in case of attendance
6. Receiving him & examining
him on his
attendance.
6.
Art 6. In case of necessity,
causing him to
be prehended & adduced
for the purpose
of examination, to wit
by a Witness's adduction
Mandate, delivered or
sent to an appropriate
functionary or
Prehender.
---page break---
§.1 Considerenda
7.
Art 7. By proposed Witness
understand also holder
of written or other oral
evidence required to be
adduced or transmitted.
8.
Art 8. III Proposed Defendant —
say one:
Purposes.
1. Sending to him a proposed
Defendant's compliance
or Defendant's
attendance requiring
Mandate.
2 Receiving from him
a compliance-announcing
response; or
3. A Defence-paper
with an attendance pro announcing
response or
4. a Defendant's Excuse
paper.
5. Receiving & examining
him on his attendance.
6. In case of his being
examined in the epistolary
mode, in addition
to his Defence paper,
his Defendant's testification
paper
7. In case of necessity, causing
him to be prehended
& adducted, for the purpose
of examination by a Defendant's
adduction Mandate,
delivered or sent to
a Prehender, as above.
1. Ends to be aimed at —
the ends of justice: direct
and collateral.
Antagonization between
them throughout.
Rule In practice,
prefer the least evil.
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