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been a percipient witness he may <del>then</del> not be in possession<lb/> | been a percipient witness he may <del>then</del> not be in possession<lb/> | ||
of any personal knowledge: <del>in which case</del> nor therefore<lb/> | of any personal knowledge: <del>in which case</del> nor therefore<lb/> | ||
be in a condition to furnish in relation to | be in a condition to furnish in relation to them <add>the suit</add> any<lb/> | ||
</p> | confessional evidence. But in the case if for the<lb/> | ||
purpose of making <add>exaction of <del>the</del> any</add> admissions <add>requisite</add> the examination of<lb/> | |||
the party <del>who</del> in the oral mode be necessary, it<lb/> | |||
remains with the Judge at any time to subject him<lb/> | |||
to it, to wit either in the first instance, or eventually<lb/> | |||
after <add>previous</add> examination in the epistolary mode, <del>the</del> if<lb/> | |||
for saving delay vexation and expence, this latter<lb/> | |||
mode shall have been fit to be antecedently or<lb/> | |||
exclusively employed.</p> | |||
<p>Art. If in the opinion of the Judge <add>his judgement</add>, there be<lb/> | |||
adequate danger lest by the postponement of the examination<lb/> | |||
of the principal, <del>to</del> relevant and material truth which<lb/> | |||
otherwise might be brought to light would be suppressed<lb/> | |||
it rests with him to provide for the examination of<lb/> | |||
the principal without delay, and that either by <unclear>acceration</unclear><lb/> | |||
or by prehension if need be.</p> | |||
<p>Art. For that same purpose, it rests with<lb/> | |||
him to take the most effectual measures if necessary<lb/> | |||
for securing <del>their</del> attendance on the part of the substitute<lb/> | |||
for the purpose of his being confronted with the principal<lb/> | |||
and for this purpose even to place the person of the substitute<lb/> | |||
in a state of confinement, if need be and <add>but</add> not otherwise.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1824 Feb. 15
Procedure Leading Principles First Lines
Art. What will frequently happen is, that
whatsoever may be the interests which the party in question has in the
suit, yet in relation the facts on which the rectitude of the decision
depends may far as altogether he may not having
been a percipient witness he may then not be in possession
of any personal knowledge: in which case nor therefore
be in a condition to furnish in relation to them the suit any
confessional evidence. But in the case if for the
purpose of making exaction of the any admissions requisite the examination of
the party who in the oral mode be necessary, it
remains with the Judge at any time to subject him
to it, to wit either in the first instance, or eventually
after previous examination in the epistolary mode, the if
for saving delay vexation and expence, this latter
mode shall have been fit to be antecedently or
exclusively employed.
Art. If in the opinion of the Judge his judgement, there be
adequate danger lest by the postponement of the examination
of the principal, to relevant and material truth which
otherwise might be brought to light would be suppressed
it rests with him to provide for the examination of
the principal without delay, and that either by acceration
or by prehension if need be.
Art. For that same purpose, it rests with
him to take the most effectual measures if necessary
for securing their attendance on the part of the substitute
for the purpose of his being confronted with the principal
and for this purpose even to place the person of the substitute
in a state of confinement, if need be and but not otherwise.
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Identifier: | JB/055/079/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-02-15 |
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055 |
Constitutional Code; Procedure Code |
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079 |
Procedure First Lines Leading Principles |
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001 |
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Text sheet |
1 |
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recto |
E3 |
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17800 |
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